The Human Fertilisation and Embryology (Deceased Fathers) Act 2003[a] (c. 24) is an act of the Parliament of the United Kingdom
| Act of Parliament | |
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| Long title | An Act to make provision about the circumstances in which, and the extent to which, a man is to be treated in law as the father of a child where the child has resulted from certain fertility treatment undertaken after the man’s death; and for connected purposes. |
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| Citation | 2003 c. 24 |
| Territorial extent |
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| Dates | |
| Royal assent | 18 September 2003 |
| Commencement |
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| Other legislation | |
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Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Human Fertilisation and Embryology (Deceased Fathers) Act 2003 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Background
editDiane Blood's husband, Steven, died from meningitis in 1995.[1] Steven gave her permission to use his sperm to have children.[1]
In 1997, now a widow, Blood, took the British government to court to seek permission to have a baby using her then-deceased husband's sperm.[2] The Court of Appeal ruled that she could only do this if she was treated abroad.[2]
Blood then had four children conceived from the sperm of her husband, and took the government to court for her husband to be recognised as the father on their birth certificates.[3]
Provisions
editThe act amended the Human Fertilisation and Embryology Act 1990 to allow, among other things, a man to be listed in birth certificates as the father of a child even if the child was conceived after the death of the man.[4]
It is thought to affect around five to ten families a year.[5] Up to 50 families with posthumously conceived children were expected to benefit from the legislation when it was passed.[4]
Notes
edit- 1 2 Section 4(1).
- ↑ Section 4(4)–(5).
- ↑ Section 4(2)–(3). The Human Fertilisation and Embryology (Deceased Fathers) Act 2003 (Commencement) Order 2003.
References
edit- 1 2 "Diane Blood: 20 years on from her landmark IVF case". ITV News. 12 April 2025. Retrieved 4 February 2026.
- 1 2 Sample, Ian (1 August 2007). "A right to know - biological origins of IVF children to be stated on birth certificates". The Guardian. Retrieved 4 February 2026.
- ↑ "Yesterday in parliament". The Guardian. 19 September 2003. Retrieved 4 February 2026.
- 1 2 Dyer, Clare (19 September 2003). "Diane Blood law victory gives her sons their 'legal' father". The Guardian. Retrieved 4 February 2026.
- ↑ "Diane Blood registers sons". BBC News Online. 1 December 2003.
External links
edit- Text of the Human Fertilisation and Embryology (Deceased Fathers) Act 2003 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Text of the Human Fertilisation and Embryology (Deceased Fathers) Act 2003 as originally enacted or made within the United Kingdom, from legislation.gov.uk.
- Explanatory notes to the Human Fertilisation and Embryology (Deceased Fathers) Act 2003.