Part 2 U.K.Parenthood in cases involving assisted reproduction

Cases in which woman to be other parentU.K.

45Further provision relating to sections 42 and 43U.K.

(1)Where a woman is treated by virtue of section 42 or 43 as a parent of the child, no man is to be treated as the father of the child.

(2)In England and Wales and Northern Ireland, sections 42 and 43 do not affect any presumption, applying by virtue of the rules of common law [F1or section A1(2) of the Legitimacy Act 1976] [F2or section 2(1)(a) of the Family Law Act (Northern Ireland) 2001], that a child is the legitimate child of the parties to a marriage [F3or civil partnership].

(3)In Scotland, sections 42 and 43 do not apply in relation to any child who, by virtue of any enactment or other rule of law, is treated as the child of the parties to a marriage [F4or civil partnership].

(4)Sections 42 and 43 do not apply to any child to the extent that the child is treated by virtue of adoption as not being the woman's child.

Textual Amendments