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Assisted conception
Under the Human Fertilisation and Embryology Act 2008
(www.legislation.gov.uk/ukpga/2008/22/contents)
new rules apply for determining who can be recorded as the parents
when the birth is the result of treatment on or after 6 April
2009.
The law applies to both heterosexual couples and same sex female
couples.
In all cases, the woman who gives birth to the baby is the
mother.
Other factors determine who is to be legally treated as the
father or second parent. The rules are too complex to explain here
in detail but the factors that are taken into account include:
- whether or not a couple are or were married to each other or in
a civil partnership with each other – or if not, whether they had a
parenthood agreement together at the time of the treatment;
- the date of the treatment;
- where the treatment took place;
- whether the treatment was carried out by a licensed
person.
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