The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

Magistrates’ Courts (Children and Young Persons) Rules 1992

11.  In rule 14(3) of the Magistrates’ Courts (Children and Young Persons) Rules 1992(1) (notice by person proposing to bring proceedings) for paragraph (c) substitute—

“(c) in a case where—

(i) the relevant minor has a father, and

(ii) the father and mother of the relevant minor were not married to each other at the time of the relevant minor’s birth,

any person who is known to the applicant to have made an application for an order under section 4 of the Act of 1989(2) (acquisition of parental responsibility by father) which has not yet been determined; and

(d) in a case where—

(i) the relevant minor has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008(3), and

(ii) the relevant minor is not a person to whom section 1(3) of the Family Law Reform Act 1987(4) applies,

any person who is known to the applicant to have made an application for an order under section 4ZA of the Act of 1989(5) (acquisition of parental responsibility by second female parent) which has not yet been determined.”.

(1)

S.I. 1992/2071; relevant amending instruments are S.I. 2001/615 and 2005/617.

(2)

Section 4 was amended by the Adoption and Children Act 2002 (c. 38) section 111(1) to (4) and S.I. 2003/3191, articles 3(a) and 6 and Schedule, paragraph 1.

(3)

2008 c. 22.

(4)

1987 (c. 42). Paragraph (c) section 1(3) was substituted by the Adoption and Children Act 2002, section 139(1), Schedule 3, paragraphs 50 and 51. Paragraphs (ba), (bb) were inserted into sub-section (3) by the Human Fertilisation and Embryology Act 2008, section 56, Schedule 6, Part I, paragraphs 24(1) and (2)

(5)

Section 4ZA was inserted by the Human Fertilisation and Embryology Act 2008 (c. 22) section 56, Schedule 6, Part 1, paragraph 27.