Clause 42
Human Fertilisation and Embryology Bill [Lords]
7:00 pm
Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)
I shall start by referring to the provisions in the clause and then respond to the hon. Gentlemen’s contributions. Clause 42 makes provision for bringing the arrangements for female civil partners in line with those for married couples. Where a female civil partner gives birth to a child conceived as a result of donor insemination, she is the mother of the child and her civil partner will automatically be the other parent, unless she did not consent to the mother’s treatment. The terminology of the clause is different, as it seeks to bring civil partnerships within the sphere of the legislation, but otherwise the legal provisions are the same as for married couples.
I shall return to this point, but the hon. Member for Boston and Skegness would seek within a short period of time—nine months maximum—to conflate a range of relationships that may change who is the parent with legal responsibility. We have accepted provision for married couples and we are making the same provision for same-sex couples in line with the civil partnership legislation. There cannot be any points of principle on that, because civil partnership legislation has been passed by the House. It is not about whether we had a discussion on the Floor of the House on the need for a father, but a recognition that the House has accepted partnerships and civil partnerships in legislation.
The hon. Member for South-West Devon advances an argument that is not supported by the majority of the House, in discussions on not only the Bill but civil partnerships and other legal status, and the Finance Bill, which recognises civil partnerships as equivalent to marriage for tax responsibilities. Therefore, as he acknowledged, he holds a minority view. He put it powerfully, but I absolutely disagree with him on every point. He advances the argument that there is a diminution of the quality of parenting if the parents are not of a particular family type, namely heterosexual, married and constantly there. Regrettably, not just now in modern Britain, but throughout many centuries, family structures have not followed the model that the hon. Gentleman believes is best. Legislation reflects what the House has decided that the make-up of modern Britain is.