If the mother’s male partner provided a gamete used in the IVF procedure, it may be possible to have the birth registered to include the particulars of both parents. This would involve a statutory declaration by the mother and submission of her decree of divorce [under section 22(3)(b) of the Civil Registration Act 2004], which would be sufficient to demonstrate that she has been living apart from her husband for a period of 10 months or more.
If, however, the gamete used in the IVF procedure was provided by a donor, then it is not currently possible to register the birth to include the particulars of both parents. Parentage in this scenario is determined by the provisions in Part 2 of the Children and Family Relationships Act 2015 (CFRA 2015), and provisions for registration of these births are set out in Part 9 of that Act.
Part 2 of CFRA 2015 is the responsibility of the Minister for Health, who is working to have these provisions commenced as soon as possible. Following passage of the Civil Registration Act 2019, I have been in contact with the Minister for Justice and Equality to make arrangements for early commencement of Part 9.
In the meantime the child's birth should be registered to include only the mother's particulars and then re-registered, to include the particulars of the second parent, once the relevant provisions of CFRA 2015 have been commenced.
