My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 36.
Amendment No. 36 relates to consequential amendments made to other Acts by the Bill. These amendments specifically relate to the Legitimacy Act 1976 and the Family Law Reform Act 1987, in respect of the legitimacy of children born by assisted conception to civil partners, to bring these rules in line with those for married couples.
Since the introduction of the Bill, it has been identified that while a child born to a same-sex couple who later entered into a civil partnership would be treated as legitimate in law for all purposes, a child born to civil partners would not be treated as legitimate in law for all purposes, but only for the purposes set out in statute. For example, many family trusts create classes of beneficiary limited to ““lawful issue””; that is, legitimate children. In such cases, the anomaly would operate unless corrected through these amendments. Amendment No. 36 corrects this unintended consequence by making a clear statement that a child born to civil partners will be treated as legitimate in law for all purposes.
The right reverend Prelate the Bishop of Southwell and Nottingham has tabled an amendment to Amendment No. 36. I shall respond to it after he has spoken to his amendment.
Moved, That the House do agree with the Commons in their Amendment No. 36.—(Baroness Thornton.)
Human Fertilisation and Embryology Bill [HL]
Proceeding contribution from
Baroness Thornton
(Labour)
in the House of Lords on Wednesday, 29 October 2008.
It occurred during Debate on bills on Human Fertilisation and Embryology Bill [HL].
Type
Proceeding contribution
Reference
704 c1633-4 
Session
2007-08
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House of Lords chamber
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2023-12-16 00:12:58 +0000
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