Human Fertilisation and Embryology (Deceased Fathers) Act 2003

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Long titleAn Act to make provision about the circumstances in which, and the extent to which, a man is to be treated in law as the father of a child where the child has resulted from certain fertility treatment undertaken after the man’s death; and for connected purposes.
Territorial extent
[b]
Royal assent18 September 2003
Human Fertilisation and Embryology (Deceased Fathers) Act 2003[a]
Act of Parliament
coat of arms
Long titleAn Act to make provision about the circumstances in which, and the extent to which, a man is to be treated in law as the father of a child where the child has resulted from certain fertility treatment undertaken after the man’s death; and for connected purposes.
Citation2003 c. 24
Territorial extent 
[b]
Dates
Royal assent18 September 2003
Commencement
  • 18 September 2003 (section 4)
  • 1 December 2003 (rest of act)
[c]
Other legislation
Amends
Amended by
Relates to
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Human Fertilisation and Embryology (Deceased Fathers) Act 2003 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Human Fertilisation and Embryology (Deceased Fathers) Act 2003[a] (c. 24) is an act of the Parliament of the United Kingdom

Diane Blood's husband, Steven, died from meningitis in 1995.[1] Steven gave her permission to use his sperm to have children.[1]

In 1997, now a widow, Blood, took the British government to court to seek permission to have a baby using her then-deceased husband's sperm.[2] The Court of Appeal ruled that she could only do this if she was treated abroad.[2]

Blood then had four children conceived from the sperm of her husband, and took the government to court for her husband to be recognised as the father on their birth certificates.[3]

Provisions

The act amended the Human Fertilisation and Embryology Act 1990 to allow, among other things, a man to be listed in birth certificates as the father of a child even if the child was conceived after the death of the man.[4]

It is thought to affect around five to ten families a year.[5] Up to 50 families with posthumously conceived children were expected to benefit from the legislation when it was passed.[4]

Notes

References

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