Clause 52
Human Fertilisation and Embryology Bill [Lords]
9:15 am
Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)
The clause extends further the 2003 Act. As the hon. Gentleman mentioned, the provisions allow for the extension of the period during which the mother may elect that her deceased partner should be treated as her child’s father or parent for the purpose of birth registration, with the consent of the relevant Registrar General. That is unchanged from the 2003 Act, apart from the incorporation of references to same-sex couples; the provision operates in the same way as it would for an application for delay of registration under the 2003 Act, but is extended to same-sex couples.
The period of time could be extended only if the registrar was satisfied that there were compelling reasons. For the purpose of the clause, in the event that after giving birth the mother was unable to register the birth within the statutory period—an example would be that her ill health prevented it—she could be granted an extension of the period in which to register. That is based on the fact that it would clearly be more appropriate for the mother to register the birth than for someone else to do it on her behalf, in that fewer mistakes would be likely to be made. That is the basis for the registration requirement with respect to the mother; the provision maintains that link.
The registrar must, however, be satisfied, and the ill health in question must be something that would absolutely prevent the mother from registering the birth. I recall reading, and will check the figures, because I do not have them with me, that thus far, for married couples—obviously we cannot say what happens with same-sex couples, because they will not get the relevant right until the Bill receives Royal Assent—there have been very few late applications. I have a figure in mind of fewer than 20.
The reason why we know the figures is that the registrar has referred such matters upwards, because they are exceptional, and has requested advice. Such instances are rare; it is expected that they will arise only in exceptional circumstances. It will not be a matter of inconvenience, or something like a cold, preventing registration; it will be the same rules for everyone, in exceptional circumstances.