My Lords, I support the right reverend Prelate in his amendment. The amendment does not seek to wreck the provisions, as some noble Lords suggest; it is calling for further reflection and consideration and seems entirely appropriate. The matters that we are debating today I regard as by far the most serious that we have considered. We have spent a lot of time talking about planning and pensions, which are huge matters—but what is at stake here are pure definitions of life, origin and family.
To follow on from what the noble and learned Lord said, a key issue here will be one of coherence. It is worth reflecting for a second on what Clause 45 as currently worded actually states, which the amendment seeks to change. The clause is entitled, ““Further provision relating to sections 42 and 43””, and says: "““Where a woman is treated by virtue of section 42 or 43 as a parent of the child, no man is to be treated as the father of the child””."
I may not be a scientist, but as a father I am pretty aware that that cannot be true. There is a father to the child; the question is whether that father should be acknowledged or not. The father will be acknowledged over the age of 18, when the child will be entitled to seek out that person—so at that point he will be there. The question is whether the factual existence of the father is acknowledged.
When this legislation was first introduced, it was as a necessary amendment to the 1990 Act in this area, which stated very clearly that various factors had been taken into account, including the need of that child for a father. I am not sure what has changed since 1990 that would make it necessary to delete that sentiment and that fact from the legislation. On the contrary, much of the legislation that has come forward in the Children Act, as well as the Child Support Agency, puts huge pressure on fathers to take on board their financial and moral obligations to children. So we need to be very careful in all legislation that is passed through this House to ensure that we send out the right message. The message that is encapsulated in the amendment as proposed by the right reverend Prelate is that fathers are important—they are a fact and they are essential.
Human Fertilisation and Embryology Bill [HL]
Proceeding contribution from
Lord Bates
(Conservative)
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 c1642-3 
Session
2007-08
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