Section 4ZA — Children Act 1989: Acquisition of parental responsibility by second female parent

Acquisition of parental responsibility by second female parent 4ZA 1 Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies, that parent shall acquire parental responsibility for the child if—

a she becomes registered as a parent of the child under any of the enactments specified in subsection (2);

b she and the child's mother make an agreement providing for her to have parental responsibility for the child; or c the court, on her application, orders that she shall have parental responsibility for the child.

2 The enactments referred to in subsection (1)(a) are—

a paragraphs (a), (b) and (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953;

b paragraphs (a), (b) and (d) of section 18B(1) and sections 18B(3)(a) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965;

and c sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.

3 The Secretary of State may by order amend subsection (2) so as to add further enactments to the list in that subsection.

4 An agreement under subsection (1)(b) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such an agreement as it applies in relation to parental responsibility agreements under section 4.

5 A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.

6 The court may make an order under subsection (5) on the application—

a of any person who has parental responsibility for the child; or b with the leave of the court, of the child himself, subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).

7 The court may only grant leave under subsection (6)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.