Mark Simmonds (Shadow Minister, Health; Boston & Skegness, Conservative)

The clause deals with the conditions that must be met for a man to be treated as the father of a child, irrespective of whether his sperm was used. The man does not have to give written consent under the  conditions if he is married to the woman being provided with the treatment, as the agreed fatherhood conditions apply only if a couple are unmarried. If a couple are married, the husband does not need to give written consent, yet in clause 35, a married man must show that he did not consent. Must the fact that he did not consent be put in writing, or can it be verbal? If there is no procedure requiring married couples to give written consent, how can it be confirmed that a father did not consent to the treatment?

Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)

The hon. Gentleman asks about the opt-out, when it can occur and what form is necessary. The consent to fatherhood agreement can be withdrawn only up to the point at which the embryo is transferred into the woman. As elsewhere in the Bill, a lack of consent does not have to be put in writing, but in practice, evidence will be needed that consent has been withdrawn.

Although writing is not specified, it will probably need to be in writing, or at least absolutely clear, that consent has been withdrawn. That is a feature of different parts of the Bill. The hon. Gentleman will remember that we discussed the fact that although it does not actually say that it must be put in writing, that is the best way to ensure that it has been agreed. However, other clear recorded indications that consent has been withdrawn are not disallowed.