Children and Family Relationships Act 2015

The Act provides for parentage in case of donor-assisted human reproduction (“DAHR”) (Part 2), issues relating to DAHR facilities (including acquisition of gametes by operators) (Part 3), and amendments to the Guardianship of Infants Act 1964 (Part 4), Family Law (Maintenance of Spouses and Children) Act 1976, the Status of Children Act 1987, Family Law Act 1995, and among other legislation, to reflect rights and responsibilities of spouses or civil partners of biological parents and to take into account DAHR situations. The Act provides that a child born as a result of a DAHR procedure shall have as parents the mother and her spouse, civil partner, or cohabitant, provided that the mother and her spouse, civil partner, or cohabitant have consented to the latter being a parent to the child (Section 5). When construed as the parents of the child, the mother and any other parent, as the case may be, shall have all parental rights and duties in respect of the child (Section 5(3)). The donor of a gamete or embryo used in a DAHR procedure is not the parent of the child nor do they have any parental rights or duties in respect of the child (Section 5(5) and Section 5(6)). A person can only consent to providing a gamete for use in a DAHR procedure where they have attained the age of 18, have received the necessary information pursuant to the Act, and made a declaration pursuant to the Act (Section 6). An intending mother and her partner must be over the age of 21 to consent to parentage (Sections 9, 11).