Private Member’s Bill to modernise Human Fertilisation, Embryology, and Legal Parentage and Surrogacy arrangements in the Isle of Man

Overview

The purpose and intended effects

1. To update and replace Part 9 (Fertilisation, Surrogacy etc.) of the Children and Young Persons Act 2001 (“the 2001 Act”) in line with the UK Human Fertilisation and Embryology Act 2008 (“the 2008 UK Act”), specifically to change the definitions of ‘mother’ and ‘father’ to recognise that same sex couples may wish to have children using modern fertilisation and embryology methods.
    
2. To enable parents of children already born when the Bill is enacted to apply for parental orders under the revised legislation. This is covered in the new provisions (whether there are two applicants or there is one applicant). The application must be made within six months of the respective sections coming into operation. There’s also suggested amendment to section 13 of the Civil Registration Act 1984 – which enables re-registration in certain circumstances to show a second female parent.
    
3. To amend the Civil Registration Act 1984 (“the 1984 Act”) to allow same sex couples to register births. There will need to be consequential changes to the Registration of Births and Deaths Regulations 2011. 
    
4. To make minor updates to the surrogacy arrangements contained in Part 9 of the 2001 Act.
    
5. To provide the Island with the means to extend any further update to surrogacy law in England and Wales to the Manx statute book, following consultation and creation of a draft Bill by the UK Law Commission. It’s expected the Department for Health and Social Care (DHSC) would keep a keen watching brief on what is happening in the UK, but believed too early to seek to amend current domestic legislation.

Legislation options

Whilst there may be options to amend both the 2001 Act and the 1984 Act the best fit, given the subject matter, has been adjudged to be to bring forward a standalone Human Fertilisation and Embryology Bill to replace Part 9 of the 2001 Act and to include provisions for amending the 1984 Act.

Neither the 2001 Act nor the 1984 Act include any provisions for amendments to be made using secondary legislation.

Why your views matter

Thank you for taking part in this Private Member's consultation.

Anything that you can contribute is valuable, helpful and greatly appreciated. If there’s anything you feel I have missed out, that you would like to discuss with me personally, please contact me and I’d be very happy to meet with you.

Tanya August-Hanson MLC
(Member of the Legislative Council)

Email: tanya.august-hansonmlc@gov.im