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Human Fertilisation and Embryology Bill

The hon. Gentleman makes an important point; the issue came up time and again in the consultation on this legislation. The basic principle at the heart of the clause is that clinicians making these decisions should value good parenting and consider, in the most comprehensive way possible, what is best for the welfare of the child. The clause also reflects current practice. When there is no legal father, the HFEA guidance requires clinics to assess the prospective mother's ability, and that of others in the family or social circle who will share responsibility for the child, to meet the child's needs. Clause 54 will also give same-sex couples who have children through assisted conception the same parenting rights as heterosexual couples. The current law recognises the woman who carries the child following assisted conception as that child's mother. If the woman is married, her husband, unless it is shown that he did not consent to treatment, is recognised as the child's legal father. However, at present, the female civil partner of a woman who gives birth following assisted conception has no legal status. She is not recognised as the parent of the child, and her name would not appear on the birth certificate. The Civil Partnership Act 2004, widely supported in the House, recognised the joint parental responsibility of same-sex couples. The Bill would mean that the non-birth woman in a civil partnership would have the same recognition as a husband whose wife underwent treatment using donor sperm. It would also mean that male couples and civil partners could apply for a parental order, in line with married couples. That would bring this area of law into line with national legislation prohibiting discrimination on the grounds of gender or sexual orientation—legislation that, again, was widely supported in this House.