Clause 37
Human Fertilisation and Embryology Bill [Lords]
5:15 pm

Photo of Mark Simmonds

Mark Simmonds (Shadow Minister, Health; Boston and 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?

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