Section 41 — Care of Children Act 2004: Agreements between parents and donors

41 Agreements between parents and donors (1) A party to an agreement to which subsection (2) applies— (a) may seek to have terms of the agreement embodied in an order of the Court that may be enforced, as provided in subsections (3) and (4) ; and (b) may apply to the Court for its direction on certain matters that cannot be agreed with other parties to the agreement, as provided in subsections (5) and (6) . (2) This subsection applies to an agreement between the parents of a child and a donor or donors so far as it relates to contact between the donor or donors and the child, or to the role of the donor or donors in the upbringing of the child, or to both. (3) An agreement to which subsection (2) applies cannot be enforced under this Act, but, on an application for the purpose by a party to it, the Court may, with the consent of all parties to it, make an order of the Court that embodies some or all of the terms of the agreement. (4) An order under subsection (3) may, so far as it relates to contact with the child, be enforced under this Act as if it were a parenting order relating to contact. (5) Any of the parties to an agreement to which subsection (2) applies may apply to the Court for its direction if those parties are unable to agree on a matter— (a) concerning the role of the donor or donors in the upbringing of the child; and (b) that is the subject of terms of the agreement embodied in an order under subsection (3) . (6) On an application under subsection (5) , the Court may make any order relating to the matter that it thinks proper. Compare: 1968 No 63 s 18; 1980 No 94 s 15