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Human Fertilisation and Embryology Bill [Lords]
5:30 pm
John Pugh (Shadow Minister, Treasury; Southport, Liberal Democrat)
I was hoping that the Minister could enlighten me along similar lines. I need to clear my head about this. As I understand it, if the father is the genuine, biological father through the normal route, he retains parental rights even if the relationship breaks up after pregnancy. If, on the other hand, IVF is the procedure through which the child is generated, it appears that if the relationship breaks up mid-process, all rights are forfeited. I think that they are forfeited regardless of whether the broken-up-with partner is the donor or not—it does not matter if the donor is someone else or the partner concerned. If the person then remarries, the newly married partner legally assumes the responsibilities—I think that I am correct in saying that.
We seem to have a degree of legal asymmetry, if I can put it like that. It would seem to be that in the case of civil partnerships it is, in a sense, a choice, whether the new civil partner does or does not take on the role and responsibilities of the parent. Does the Minister recognise that legal asymmetry? Is that legal asymmetry just the result of a read-across from civil partnership on one side and marriage law on the other side? Is it simply the consequence of other bits of legislation? Or are those differing responsibilities and rights created by the Bill itself?