Children and Civil Status (Amendments) (Jersey) Law 2024

Children and Civil Status (Amendments) (Jersey) Law 2024 Contents Article Part 1 3 Preliminary 3 1 Interpretation . 3 Part 2 4 Amendments to the Children Law 4 2 Children Law amended . 4 3 Article 1 (interpretation) amended . 4 4 Article 1A (references to a child who is looked after by the Minister) . 6 5 Article 1B inserted . 6 6 Article 2 (welfare of the child) amended . 7 7 Articles 3, 4 and 5 deleted . 7 8 Part 1A (parental responsibility and parental orders) inserted . 7 9 Article 13 (residence orders and parental responsibility) amended . 16 10 Article 14 (change of child’s name or removal from jurisdiction) amended . 16 11 Article 58 (meaning of privately fostered child) 16 12 Article 59 (notification in respect of privately fostered children) amended . 16 13 Article 66 (effect and duration of orders) amended . 16 14 Article 82 (transitional provisions and savings) amended . 17 15 Article 82A inserted . 17 16 Schedule A1 inserted . 17 17 Schedule 1 (financial provision for children) amended . 17 18 Schedule 4 (disqualification for caring for children) amended . 18 19 Schedule 5 (transitional provisions and savings) amended . 18 Part 3 18 Amendments to the Civil Status Law 18 20 Civil Status Law amended . 18 21 Heading to Part 5 (registration of births, deaths and marriages) amended . 18 22 Article 49 (interpretation of Part 5) amended . 18 23 Article 51 (duty to inform relevant registrar of birth within 21 days) amended . 19 24 Article 53 (power of Superintendent Registrar to require information about birth) amended 20 25 Article 55 substituted . 20 26 Articles 55A to 55C inserted . 21 27 Article 56 (re-registration where parents not married) substituted . 23 28 Articles 56A to 56C inserted . 24 29 Article 57 (re-registration of birth of legitimated person) substituted . 27 30 Article 59A substituted . 28 31 Article 60 (short birth certificate) substituted . 29 32 Article 61 (registration of stillbirths) amended . 29 33 Articles 61A to 61F inserted: registration of parental orders . 30 34 Article 72 (duty of informant to sign register) substituted . 33 35 Part 5A (provisions on domicile) inserted . 34 36 Article 77A (abolition of wife’s domicile of dependence) deleted . 35 37 Article 82 (power to make further provision in connection with marriages and registration of births, marriages and deaths) amended . 35 Part 4 35 Amendments to the Civil Status Order 35 38 Civil Status Order amended . 35 39 Article 28 (application for notice of intended marriage) amended . 35 40 Article 31 (marriage schedule) amended . 35 41 Article 33 (marriage certificate) amended . 35 42 Article 35 (application for conversion) amended . 35 43 Article 36 (conversion schedule) amended . 36 44 Article 41 (register of marriage supplied to incumbent of an Anglican church) amended 36 45 Article 43 (returns of information for Anglican marriages) . 36 46 Article 46 (registration of births and stillbirths) amended . 36 47 Article 51 (certificate of registration of stillbirth) amended . 36 48 Article 51B (parental order certificate) inserted . 36 49 Schedule 1A inserted . 37 Part 5 37 Amendments to the Interpretation Law and the Stamp Duties Law, and closing provision 37 50 Part 1 of the Schedule (defined expressions) to the Interpretation Law amended . 37 51 Schedule 1 (judicial fees) to the Stamp Duties Law amended . 37 52 Citation and commencement 38 Schedule 1 39 Schedule A1 inserted in the Children Law 39 Schedule 2 47 Schedule 1A inserted in the Civil Status Order 47 Children and Civil Status (Amendments) (Jersey) Law 2024 A LAW to amend the Children (Jersey) Law 2002 , the Marriage and Civil Status (Jersey) Law 2001 , the Marriage and Civil Status (Jersey) Order 2018 and the Interpretation (Jersey) Law 1954 to provide for the status of children conceived by artificial insemination, the rights and responsibilities of those who are parties to agreements leading to the birth of those children, and for connected purposes. Adopted by the States 19th March 2024 Sanctioned by Order of His Majesty in Council 2 October 2024 Registered by the Royal Court 11 October 2024 Coming into force in accordance with Article 52 THE STATES , subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law – Part 1 Preliminary 1 Interpretation In this Law – “Children Law” means the Children (Jersey) Law 2002 ; “Civil Status Law” means the Marriage and Civil Status (Jersey) Law 2001 ; “Civil Status Order” means the Marriage and Civil Status (Jersey) Order 2018 ; “Interpretation Law” means the Interpretation (Jersey) Law 1954 ; “Stamp Duties Law” means the Stamp Duties and Fees (Jersey) Law 1998 . Part 2 Amendments to the Children Law 2 Children Law amended This Part amends the Children Law. 3 Article 1 (interpretation) amended ( 1 ) This Article amends Article 1. ( 2 ) In paragraph (1) – ( a ) in the opening words for “except where” there is substituted “unless”; ( b ) immediately before the definition “appointed foster parent” there is inserted – “ “agreed female parenthood conditions” is construed in accordance with paragraph 8 of Schedule A1; “applicant”, apart from in Articles 9N and 9O, means a person who applies for a parental order;”; ( c ) after the definition “Article 10 order” there is inserted – “ “artificial insemination” means the fertilisation of a human egg by means other than intercourse; “biological father” means – ( a ) in relation to a child conceived by intercourse, the man who participated in the act of intercourse; and ( b ) in relation to an embryo created by artificial insemination, the man whose sperm was used to create it;”; ( d ) in the definition “care order” for “except where” there is substituted “unless”; ( e ) after the definition “children’s home service” there is inserted – “ “Circumstance A”, “Circumstance B”, “Circumstance C” and “Circumstance D” are construed in accordance with Schedule A1; “Civil Status Law” means the Marriage and Civil Status (Jersey) Law 2001 ; “Civil Status Order” means the Marriage and Civil Status (Jersey) Order 2018 ;”; ( f ) after the definition “family proceedings” there is inserted – “ “fertility treatment services” means – ( a ) creating embryos in utero by artificial insemination; ( b ) creating embryos in vitro ; ( c ) procuring, keeping, testing, processing or distributing embryos; ( d ) procuring, testing, processing, distributing or using sperm; ( e ) performing other practices designed to ensure that embryos are in a suitable condition to be placed in a woman; or ( f ) placing an embryo in a woman;”; ( g ) after the definition “Minister” there is inserted – “ “mother” means the woman who gives birth to a child;”; ( h ) for the definition “parent” there is substituted – “ “parent”, whether or not that person has parental responsibility for the child, includes – ( a ) the child’s mother; ( b ) the child’s biological father; ( c ) a man who is the child’s father under Schedule A1; ( d ) a woman who is the child’s second parent under Schedule A1; ( e ) a person named in a parental order as the child’s parent; ( f ) a person named as the child’s parent in an order described in Article 9N(1) in respect of whom a recognition order has been made;”; ( i ) after the definition “parent” there is inserted – “ “parental order” means an order made by the court under Article 9G or, in relation to children outside Jersey, by a court of a jurisdiction outside Jersey that has an effect corresponding to an order made under Article 9G;”; ( j ) for the definition “parental responsibility” there is substituted – “ “parental responsibility” means all the rights, duties, powers, responsibilities and authority that the parent of a child has in relation to the child and the child’s property;”; ( k ) for the definition “parental responsibility agreement” there is substituted – “ “parental responsibility agreement” means an agreement under Article 9C(1)(b), 9D(b) or 9E(a);”; ( l ) after the definition “prohibited steps order” there is inserted – “ “recognition order” has the meaning given by Article 9N;”; ( m ) after the definition “relative” there is inserted – “ “relevant fertility treatment services” means fertility treatment services – ( a ) carried on in Jersey by the Minister for Health and Social Services; or ( b ) carried on in the United Kingdom in accordance with a licence granted under the Human Fertilisation and Embryology Act 2008 of the United Kingdom, and “relevant fertility treatment” is construed accordingly;”; ( n ) after the definition “school” there is inserted – “ “second parent” is construed in accordance with paragraph 6, 7 or 9 of Schedule A1 (as the case may be);”; ( o ) for the definitions “supervision order” and “supervised child and supervisor” there is substituted – “ “supervised child” means a child who is (or is to be) placed under the supervision of a supervisor in accordance with a supervision order; “supervision order” means an order under Article 24(1)(b) and includes an interim supervision order under Article 30; “supervisor” means, in relation to a supervised child, the person under whose supervision the child is to be placed in accordance with the supervision order;”; ( p ) immediately before the definition “upbringing” there is inserted – “ “surrogacy arrangement” has the meaning given by Article 1B; “surrogate mother” has the meaning given by Article 1B;”. ( 3 ) For paragraph (2) there is substituted – “( 2 ) References in this Law – ( a ) to a child whose parents were married to each other at the time of the child’s birth include a relevant child; and ( b ) to a child whose parents were not married to each other at the time of the child’s birth do not include a relevant child. ( 2A ) For the purposes of paragraph (2), a “relevant child” is a child of any of the following descriptions – ( a ) a legitimated child as defined by the Legitimacy (Jersey) Law 1973 ; ( b ) a child who is the subject of an adoption order under Article 10 of the Adoption (Jersey) Law 1961 ; ( c ) a child who is otherwise treated as legitimate.”. ( 4 ) After paragraph (3) there is inserted – “( 3A ) For the purposes of this Law, a woman who has not conceived naturally becomes pregnant at the time of the particular instance of fertility treatment that results in the woman’s pregnancy.”. ( 5 ) After paragraph (8) there is inserted – “( 9 ) The States may by Regulations amend the definition “parent” in paragraph (1). ( 10 ) Schedule A1 sets out circumstances (including Circumstance A, Circumstance B, Circumstance C and Circumstance D) in which a person is treated in law as the father, or second parent, of a child conceived as a result of fertility treatment or artificial insemination.”. 4 Article 1A (references to a child who is looked after by the Minister) In Article 1A(c) for “where” there is substituted “if”. 5 Article 1B inserted After Article 1A there is inserted – “1B Definition of “surrogate mother”, “surrogacy arrangement” and related terms ( 1 ) This Article provides for the construction in this Law of references to – ( a ) a surrogate mother or a surrogacy arrangement; and ( b ) payment in connection with a surrogacy arrangement. ( 2 ) “Surrogate mother” means a woman who is pregnant under an arrangement (“a surrogacy arrangement”) made – ( a ) before the woman became pregnant; and ( b ) with a view to a child born of the pregnancy, under the arrangement, being handed over to, and parental responsibility being met (so far as practicable) by, another person. ( 3 ) In determining whether an arrangement is a surrogacy arrangement, regard may be had to the circumstances as a whole and, in particular, to any promise or understanding that a payment will, or may, be made to the woman, or for her benefit, in respect of the pregnancy as a result of the arrangement. ( 4 ) An arrangement may be a surrogacy arrangement even though it contains, or is subject to, conditions relating to the handing over of a child. ( 5 ) In this Article “payment” means payment in money or money’s worth.”. 6 Article 2 (welfare of the child) amended In Article 2 after paragraph (2) there is inserted – “( 2A ) The making or revocation of a parental order or of a recognition order is a question with respect to the upbringing of a child. ( 2B ) Paragraph (1) is to be read as if after “the child’s welfare” there is inserted “throughout the child’s lifetime” in a case involving – ( a ) the making or revocation of a parental order; or ( b ) the making or revocation of a recognition order.”. 7 Articles 3, 4 and 5 deleted The following Articles, which are amended and relocated in Part 1A, are deleted – ( a ) Article 3 (parental responsibility for children); ( b ) Article 4 (person without parental responsibility); and ( c ) Article 5 (acquisition of parental responsibility by father). 8 Part 1A (parental responsibility and parental orders) inserted After Article 9 there is inserted – “Part 1A Parental responsibility and parental orders 9A Parental responsibility for children ( 1 ) If a child’s mother and father were married to, or civil partners of, each other at the time of the child’s birth, they each have parental responsibility for the child. ( 2 ) If a child’s mother and father were not married to, nor civil partners of, each other at the time of the child’s birth – ( a ) the mother has parental responsibility for the child; and ( b ) the father does not have parental responsibility for the child, unless he acquires it in accordance with Article 9C. ( 3 ) If a child’s mother and second parent were married to, or civil partners of, each other at the time of the child’s birth, they each have parental responsibility for the child. ( 4 ) If a child’s mother and second parent were not married to, nor civil partners of, each other at the time of the child’s birth – ( a ) the mother has parental responsibility for the child; and ( b ) the second parent does not have parental responsibility for the child, unless she acquires it in accordance with Article 9D. ( 5 ) The following are abolished – ( a ) the rule of law that if a child is legitimate, the child’s father has sole custody of the child; and ( b ) the rule of law that if a child is illegitimate and the child’s mother marries, her husband (whether or not he is the father) has sole custody of the child. ( 6 ) More than one person may have parental responsibility for the same child at the same time. ( 7 ) A person who has parental responsibility for a child at any time does not cease to have that responsibility solely because another person subsequently acquires parental responsibility for the child. ( 8 ) If more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility. ( 9 ) Nothing in this Part is to be taken to affect the operation of an enactment that requires the consent of more than one person in a matter affecting the child. ( 10 ) The fact that a person has parental responsibility for a child does not entitle the person to act in a way that would be incompatible with an order made with respect to the child under this Law. ( 11 ) A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another, but may arrange for some or all of it to be met by one or more people acting on the person’s behalf. ( 12 ) Paragraph (11) does not prevent the making of an adoption order, a parental order or a recognition order. ( 13 ) The person with whom an arrangement under paragraph (11) is made may be a person who already has parental responsibility for the child concerned. ( 14 ) The making of an arrangement under paragraph (11) does not affect any liability of the person making it that may arise from a failure to meet any part of the person’s parental responsibility for the child concerned. 9B Person without parental responsibility ( 1 ) The fact that a person has, or does not have, parental responsibility for a child does not affect – ( a ) an obligation that the person may have in relation to the child (such as a duty to maintain the child); or ( b ) rights that, in the event of the child’s death, the person (or another person) may have in relation to the child’s property. ( 2 ) A person who does not have parental responsibility for a child, but has care of that child, may do whatever is reasonable in all the circumstances of the case for the purposes of safeguarding or promoting the child’s welfare. 9C Acquisition of parental responsibility by father ( 1 ) If a child’s father and mother are neither married to, nor civil partners of, each other at the time of the child’s birth – ( a ) subject to paragraph (2), the father has parental responsibility for the child if he becomes registered as the child’s father under Part 5 of the Civil Status Law; ( b ) the mother and father may make an agreement providing for the father to have parental responsibility for the child; or ( c ) the court may, on the father’s application, order that he is to have parental responsibility for the child. ( 2 ) But a father does not acquire parental responsibility for a child under paragraph (1)(a) if he was registered as the father under the Civil Status Law before the commencement of the Children and Adoption (Amendment) (Jersey) Law 2016. ( 3 ) If a child is treated in law as legitimate the court may order that a man is to have parental responsibility if – ( a ) he makes an application stating that he is the child’s biological father; and ( b ) the court is satisfied that the man is the child’s biological father. 9D Acquisition of parental responsibility by second parent If a child’s mother and second parent are neither married to, nor civil partners of, each other at the time of the child’s birth – ( a ) the second parent has parental responsibility for the child if she becomes registered as the child’s second parent under Part 5 of the Civil Status Law; ( b ) the mother and the second parent may make an agreement providing for the second parent to have parental responsibility for the child; or ( c ) the court may, on the second parent’s application, order that she is to have parental responsibility for the child. 9E Acquisition of parental responsibility by step-parent If a child’s parent who has parental responsibility for the child (“parent A”) is married to, or a civil partner of, a person who is the child’s step-parent – ( a ) parent A or, if any other person has parental responsibility for the child, all of those people, may by agreement with the step-parent provide for the step-parent to have parental responsibility for the child; or ( b ) the court may, on the application of the step-parent, order that the step-parent is to have parental responsibility for the child. 9F Parental responsibility agreements and orders: general ( 1 ) A parental responsibility agreement has effect for the purposes of this Law only if – ( a ) it is made in the prescribed form; and ( b ) it is recorded in the prescribed manner (if any). ( 2 ) Paragraphs (3) and (4) are subject to Article 13(4). ( 3 ) A person who has parental responsibility for a child ceases to have that responsibility when the child reaches the age of 18, subject to paragraph (4). ( 4 ) A person who has acquired parental responsibility under Article 9C, 9D or 9E ceases to have parental responsibility if the court – ( a ) revokes the parental responsibility order; or ( b ) orders that the parental responsibility agreement giving that person parental responsibility ceases to have effect. ( 5 ) The court may make an order under paragraph (4) on the application of – ( a ) a person who has parental responsibility for the child; or ( b ) the child with the leave of the court. ( 6 ) The court may grant leave under paragraph (5)(b) only if satisfied that the child has sufficient understanding to make the application. 9G Parental orders ( 1 ) A parental order is an order made by the court conferring parental responsibility for a child on the applicant. ( 2 ) If a parental order is made, the child who is the subject of the order is to be treated in law, from the time that the order is made, as the child of the applicant and not of any other person. ( 3 ) But paragraph (2) does not affect entitlement to property that is dependent upon the biological relationship between the child who is the subject of the order and an applicant for the order, or anything else dependent on that relationship. ( 4 ) The making of a parental order extinguishes – ( a ) the parental responsibility that anyone has, immediately before the making of the order, in relation to the child who is the subject of the order; ( b ) every order under this Law, unless the court otherwise orders; and ( c ) every duty arising under an agreement or an order of the court to make payments in respect of the child’s maintenance or upbringing for any period after the making of the parental order. ( 5 ) Paragraph (4)(c) does not apply to a duty arising under an agreement that – ( a ) constitutes a trust; or ( b ) expressly provides that the duty is not to be extinguished by the making of a parental order. ( 6 ) If 2 people are named in a parental order as the parents of the child, the child is to be treated in law as the issue of their relationship. ( 7 ) A parental order does not affect parental responsibility so far as it relates to a period before the making of the order. 9H Amendment of parental order ( 1 ) The court may amend a parental order by the correction of an error in the particulars contained in the order, on application by a person who applied for the order, or who is the subject of the order. ( 2 ) The court may also amend a parental order, by substituting or adding a name, if paragraph (3) applies. ( 3 ) On the application of a person who is named in a parental order, the court may amend that parental order if the court is satisfied that, within one year beginning with the date of the birth of the person who is the subject of the order (“S”) – ( a ) a new name has been given to S whether in baptism or otherwise; or ( b ) a new name has been given to S instead of, or in addition to, a name entered in the Parental Orders Register under Schedule 1A to the Civil Status Order. ( 4 ) Paragraph (5) applies if – ( a ) a parental order includes a direction for the marking of an entry in the register of births as required under Article 61B(5) of the Civil Status Law; and ( b ) a person who was a party to the proceedings in which the parental order was made, or a person who has the leave of the court, applies for the revocation of the direction. ( 5 ) The court may revoke the direction referred to in paragraph (4) if the court is satisfied that the direction was wrongly included in the parental order. ( 6 ) If a parental order is amended under paragraph (3) or a direction is revoked under paragraph (5), the Judicial Greffier must, as soon as is reasonably practicable, cause the amendment or revocation to be communicated to the Superintendent Registrar, who must – ( a ) cause the entry in the Parental Orders Register to be amended; or ( b ) cause the marking of the entry in the register of births to be cancelled. ( 7 ) In this Article “Parental Orders Register”, “register of births” and “Superintendent Registrar” have the meaning given to those terms in the Civil Status Law. 9I Application for parental order ( 1 ) An application for a parental order must be made in the prescribed manner. ( 2 ) A parental order may be made only if – ( a ) the child was borne by a woman who is not one of the applicants for the parental order as a result of the placing in her of an embryo or sperm and eggs, or of artificial insemination (whether in a course of relevant fertility treatment or otherwise); ( b ) the child’s birth is registered in Jersey; ( c ) the applicant’s gametes or, in the case of a joint application, the gametes of at least one of the applicants, were used in the child’s conception; ( d ) the application for the order is made not later than 6 months after the child’s birth; ( e ) the applicant is at least 18 years old, or in the case of a joint application, both applicants are at least 18 years old, when the parental order is made; ( f ) at the time of the application and of the making of the order – ( i ) the child’s home is the same as the applicant’s, and ( ii ) the applicant, or, in the case of a joint application at least one of the applicants, is domiciled in Jersey; and ( g ) no other parental order has been made in relation to the child, unless that order has been quashed or an appeal against the order has been allowed. ( 3 ) In the case of a joint application, at the time the application is made, the applicants must be – ( a ) spouses or civil partners of each other; or ( b ) in an enduring family relationship with each other. ( 4 ) The reference in paragraph (3)(b) to an enduring family relationship does not include one in which one of the people in it is within a prohibited degree of relationship in relation to the other for the purposes of the Civil Status Law. ( 5 ) Before making a parental order, the court must be satisfied that each of the following have freely and unconditionally consented to the making of the order, with full understanding of what is involved – ( a ) the surrogate mother; and ( b ) every other parent of the child who is not one of the applicants (including a man who is the father under Circumstance A or Circumstance B, and a woman who is the second parent under Circumstance C or Circumstance D). ( 6 ) For the purposes of paragraph (5) – ( a ) the consent of the surrogate mother is ineffective if given in the first 6 weeks after the birth; and ( b ) the requirement for a person’s consent does not apply if that person is incapable of giving consent or cannot be found. ( 7 ) The court must be satisfied that no money or other benefit (other than for expenses reasonably incurred) has been given or received by the surrogate mother for, or in consideration of – ( a ) the making of the order; ( b ) consent required by paragraph (5); ( c ) handing the child over to the applicant; or ( d ) making arrangements with a view to obtaining the order. ( 8 ) Paragraph (7) does not apply if the payment of money or the conferment of the benefit is authorised by the court. ( 9 ) This paragraph applies if, after a surrogacy arrangement is made, one of the parties to the surrogacy arrangement who is, or is intended to be, an applicant for a parental order in respect of the child dies before the parental order is made. ( 10 ) If paragraph (9) applies this Article is to be read – ( a ) with the following modifications – ( i ) for paragraph (2)(e) there is substituted – “( e ) the surviving applicant is at least 18 years old when the order is made, and the applicant who has died would, but for their death, have been at least 18 when the order is made;”, ( ii ) for paragraph (3) there is substituted – “( 3 ) The applicants must have been spouses or civil partners of each other, or in an enduring family relationship with each other, immediately before the death of one of the parties to the surrogacy arrangement.”; and ( b ) as if references in this Article to the applicants are taken to include – ( i ) a person whom the court is satisfied would have been one of the applicants had they not died before the making of the application, and ( ii ) an applicant who died before the making of the order. 9J When court may not make a parental order The court must not hear an application for a parental order if a previous application has been made by an applicant in respect of the same child and refused by the court, unless – ( a ) when refusing the previous application, the court directed that this Article was not to apply; or ( b ) the court is satisfied that, by reason of a change in the applicant’s circumstances, or any other reason that appears to the court to be sufficient, it is proper to hear the application. 9K Restrictions on removal ( 1 ) A person must not remove a child from the care of an applicant for a parental order, other than in accordance with Article 9L, if – ( a ) the child’s home is the same as the applicant’s; and ( b ) the application has not been determined. ( 2 ) A person who contravenes this Article commits an offence and is liable to imprisonment for a term of 3 months and to a fine of level 3 on the standard scale. 9L Exception to restrictions on removal If Article 9K(1) applies, a child may be removed from the care of an applicant for a parental order by – ( a ) a person who has obtained the court’s leave; or ( b ) a person who acts under a power conferred by an enactment. 9M Parental orders: intestacies etc. ( 1 ) Paragraph (2) applies if, at any time after the making of a parental order, one of the following dies intestate in respect of all or any part of that person’s immovable or movable property – ( a ) the applicant; ( b ) the person who is the subject of the parental order (“S”); or ( c ) any other person. ( 2 ) The property referred to in paragraph (1) devolves in all respects as if S were the child of the applicant and not the child of another person. ( 3 ) For the purposes of the law relating to the indefeasible right of a person to succeed to the movable property of the person’s ascendants , S is taken to be the child of the applicant and not the child of another person. ( 4 ) In a disposition of immovable or movable property made, whether by instrument inter vivos or by will (including codicil), after the date of a parental order, unless a contrary intention appears, a reference (express or implied) in the instrument or will – ( a ) to the child of the applicant for the order, is to be construed as, or as including, a reference to S; ( b ) to the child of a surrogate mother is to be construed as not being, or as not including, a reference to S; and ( c ) to a person related to S in any degree is to be construed as a reference to the person who would be related to S in that degree if S were the natural child of the applicant and not the child of another person. ( 5 ) For the purposes of paragraph (4), a disposition made by will or codicil is to be treated as made on the date of the death of the testator. ( 6 ) If S is born before a natural child, S ranks as principal heir in preference to the natural child. ( 7 ) In the application of the law regarding the devolution of acquired immovable property ( acqu ê ts ) and movable property ( meubles ), and for the purposes of the construction of a disposition of the property referred to in paragraph (4), S is treated as related to a child or adopted child of the applicant – ( a ) as brother or sister of the whole blood if the parental order was made in favour of 2 spouses or civil partners jointly, or in favour of 2 persons living in an enduring family relationship jointly, and that other person is the child or adopted child of both of them; ( b ) in any other case, as brother or sister of the half-blood. ( 8 ) Despite anything in this Article, an executor of the will or an administrator of the estate of a deceased person – ( a ) may distribute movable property to or among the people entitled to that property without having established whether a parental order has been made by virtue of which any person is, or may be, entitled to an interest in that property; and ( b ) is not liable to a person of whose claim the executor of the will or the administrator of the estate has not had notice at the time of the distribution. ( 9 ) Nothing in paragraph (8) affects the right of a person claiming to be entitled to an interest as mentioned in sub-paragraph (a) of that paragraph to follow such property, or any property representing it, into the hands of a person who may have acquired it by devolution or descent. ( 10 ) In this Article – “movable property” does not include movable property that is subject to an entailed interest under a disposition not falling within paragraph (4); “parental order” includes a recognition order. 9N Recognition of pre-existing parental orders made in England and Wales ( 1 ) This Article applies if – ( a ) a parental order was made in England and Wales, before the commencement of this Article, under section 30 of the Human Fertilisation and Embryology Act 1990 of the United Kingdom (when that section was in force) or section 54 or 54A of the Human Fertilisation and Embryology Act 2008 of the United Kingdom (the “relevant order”); and ( b ) the relevant order is in force when this Article is commenced and is not then the subject of an appeal to a court having an appellate jurisdiction in respect of proceedings relating to children in England and Wales. ( 2 ) A person (the “applicant”) named in the relevant order may apply to the court for an order (a “recognition order”) that the relevant order have the same effect in Jersey as a parental order made under Article 9G on the same day as the relevant order, but subject to paragraphs (3) to (7). ( 3 ) If an application is made under paragraph (2), the court must make a recognition order unless – ( a ) the court would have refused to make a parental order under Article 9G if the applicant had applied for such an order at the time the relevant order was made; or ( b ) it would be manifestly contrary to public policy to make a recognition order. ( 4 ) The child who is the subject of the recognition order is to be treated in law as having become the issue of the applicant on the date on which the relevant order was made. ( 5 ) Before making a recognition order, the court may require an applicant to provide such evidence as it considers necessary to determine the application. ( 6 ) As soon as reasonably practicable after a recognition order is made, the Judicial Greffier must cause the order to be sent to the Superintendent Registrar. ( 7 ) For the purposes of this Article, Article 9G must be treated as having been in force on the day the relevant order was made. 9O Disclosure of records of children subject to parental orders ( 1 ) This Article applies to a person who has attained the age of 18 and is the subject of – ( a ) a parental order; or ( b ) a recognition order. ( 2 ) The person mentioned in paragraph (1) (the “applicant”) may apply to the court in the prescribed manner, for the supply to the applicant of a copy of any prescribed document relating to the making of the parental order or the recognition order. ( 3 ) The court must supply any prescribed document to the applicant but, before doing so, the Judicial Greffier must inform the applicant of the availability of any counselling services approved by the Minister.”. 9 Article 13 (residence orders and parental responsibility) amended ( 1 ) This Article amends Article 13. ( 2 ) For paragraph (1) there is substituted – “( 1 ) If the court makes a residence order in favour of the father or second parent of a child, it must, if the father or second parent would not otherwise have parental responsibility for the child, make an order – ( a ) under Article 9C giving the father parental responsibility; or ( b ) under Article 9D giving the second parent parental responsibility.”. ( 3 ) In paragraphs (2), (3) and (4) for “Where” there is substituted “If”. ( 4 ) In paragraph (4) for “under Article 5 in respect of the father of the child” there is substituted “under Article 9C in respect of the father of the child or under Article 9D in respect of the second parent of the child”. 10 Article 14 (change of child’s name or removal from jurisdiction) amended In Article 14(1) for “Where” there is substituted “If”. 11 Article 58 (meaning of privately fostered child) In Article 58(2) – ( a ) in sub-paragraph (j) “he or she” is deleted; ( b ) after sub-paragraph (j) there is inserted – “( k ) is in the care of a person who intends to apply for a parental order in respect of the child.”. 12 Article 59 (notification in respect of privately fostered children) amended In Article 59(4) and (6) for “Where” there is substituted “If”. 13 Article 66 (effect and duration of orders) amended ( 1 ) This Article amends Article 66. ( 2 ) In paragraph (4) – ( a ) in sub-paragraph (a) “5(1) or (2) or” is deleted; ( b ) sub-paragraph (b) is deleted. ( 3 ) After paragraph (4) there is inserted – “( 4A ) An order under Part 1A continues in force, unless it is earlier revoked by an order of the court – ( a ) throughout the lifetime of the child who is the subject of the order, so far as it determines who the child’s parents are; and ( b ) for all other purposes, until the child reaches the age of 18.”. ( 4 ) For paragraphs (5) and (6) there is substituted – “( 5 ) An Article 10 order, if it would otherwise still be in force, ceases to have effect when the child reaches the age of 18, unless it is to have effect beyond that age by virtue of Article 11(6)(a). ( 6 ) An order under Schedule 1 has effect as specified in that Schedule.”. 14 Article 82 (transitional provisions and savings) amended In Article 82, paragraph (3) is deleted. 15 Article 82A inserted After Article 82 there is inserted – “82A Power to amend enactments ( 1 ) The States may by Regulations amend this Law or any other enactment to make further provision that appears to the States to be necessary or expedient in connection with – ( a ) a provision of this Law; or ( b ) an amendment made by the Children and Civil Status (Amendments) (Jersey) Law 2024. ( 2 ) In paragraph (1) “further provision” includes any consequential, incidental, supplemental or transitional provision.”. 16 Schedule A1 inserted After Article 83 there is inserted Schedule A1 (circumstances in which a person is treated in law as a parent if child conceived by fertility treatment or artificial insemination), and that Schedule is set out in Schedule 1 to this Law. 17 Schedule 1 (financial provision for children) amended ( 1 ) This Article amends Schedule 1. ( 2 ) In paragraph 1(3) for “Where” there is substituted “If”. ( 3 ) In paragraph 2(3) for “Where” there is substituted “If”. ( 4 ) In paragraph 3(4) for “Where” there is substituted “If”. ( 5 ) In paragraph 4 – ( a ) in the opening words of sub-paragraph (2) for “mother or father”, there is substituted “mother, father or second parent”; ( b ) for sub-paragraph (3) there is substituted – “( 3 ) An order under paragraph 1 against a person who is not the child’s father or second parent must record the fact that the person is not the child’s father or second parent.”; ( c ) in sub-paragraph (4)(b) for “mother and father” there is substituted “mother, father and second parent”. ( 6 ) In paragraph 5(3) for “Where” there is substituted “If”. ( 7 ) In paragraph 6(3) and (5) for “Where” there is substituted “If”. ( 8 ) In paragraph 7 – ( a ) in sub-paragraph (1) for “where” there is substituted “if”; ( b ) in sub-paragraph (2) for “Where” there is substituted “If”. ( 9 ) In paragraph 8(1) for “Where” there is substituted “If”. ( 10 ) In paragraph 9 – ( a ) in sub-paragraph (1) for “where” there is substituted “if”; ( b ) in sub-paragraphs (3) and (4) for “Where” there is substituted “If”. ( 11 ) In paragraphs 11(1) and 12 for “Where” there is substituted “If”. 18 Schedule 4 (disqualification for caring for children) amended ( 1 ) This Article amends Schedule 4. ( 2 ) In paragraph 1 “Article 54(2) and” is deleted. ( 3 ) In paragraph 2(l), after “an offence under” there is inserted “Article 9K(2),”. 19 Schedule 5 ( transitional provisions and savings) amended In Schedule 5, paragraphs 1 to 8 are deleted. Part 3 Amendments to the Civil Status Law 20 Civil Status Law amended This Part amends the Civil Status Law. 21 Heading to Part 5 (registration of births, deaths and marriages) amended For the heading to Part 5 there is substituted – “Registration of Births, Deaths, Marriages and Parental Orders”. 22 Article 49 (interpretation of Part 5) amended ( 1 ) This Article amends Article 49. ( 2 ) For paragraph (1) there is substituted – “( 1 ) In this Part – “Adopted Children Register” means the register maintained under Article 24 of the Adoption Law; “Adoption Law” means the Adoption (Jersey) Law 1961 ; “agreed fatherhood conditions” means the conditions set out in paragraph 5 of Schedule A1 to the Children Law; “agreed female parenthood conditions” means the conditions set out in paragraph 8 of Schedule A1 to the Children Law; “Children Law” means the Children (Jersey) Law 2002 ; “Circumstance A”, “Circumstance B”, “Circumstance C” and “Circumstance D” are construed in accordance with Schedule A1 to the Children Law, and a reference to “Circumstances” is construed accordingly; “informant” means the person giving the particulars of a birth, stillbirth or death for the purposes of registration; “parental order” has the meaning given in the Children Law; “parental responsibility agreement” has the meaning given in the Children Law; “relevant fertility treatment” has the meaning given in the Children Law; “second parent” has the meaning given in the Children Law; “stillbirth” means the birth of a child after the 24th week of pregnancy (calculated from the mother’s last menstrual period) that does not, at any time after being expelled from its mother, breathe or show any other sign of life; “stillborn child” is construed in accordance with the definition “stillbirth”.”. ( 3 ) In paragraph (2) for “death or marriage” there is substituted “death, marriage or parental order”. ( 4 ) For paragraph (3) there is substituted – “( 3 ) In this Part, references to a register of births, stillbirths, parental orders, marriages or deaths are references, in relation to the registration of a birth, stillbirth, parental order, marriage or death (as the case may be), to the register kept for the purpose of that registration by the relevant registrar. ( 3A ) In this Part, references – ( a ) to a child whose parents were married to each other at the time of the child’s birth include a child described in paragraph (3B); and ( b ) to a child whose parents were not married to each other at the time of the child’s birth do not include a child described in paragraph (3B). ( 3B ) For the purposes of paragraph (3A) a child means – ( a ) a legitimated child as defined by the Legitimacy (Jersey) Law 1973 ; ( b ) a child who is the subject of an adoption order under Article 10 of the Adoption Law; and ( c ) a child who is otherwise treated as legitimate.”. 23 Article 51 (duty to inform relevant registrar of birth within 21 days) amended In Article 51(1) – ( a ) for sub-paragraph (a) there is substituted – “( a ) the mother, father or second parent;”; ( b ) in sub-paragraph (c) for “the father and the mother” there is substituted “the people mentioned in sub-paragraph (a)”. 24 Article 53 (power of Superintendent Registrar to require information about birth) amended In Article 53(1) for “father or mother” there is substituted “mother, father or second parent”. 25 Article 55 substituted For Article 55 there is substituted – “55 Registration of father if parents neither married nor civil partners ( 1 ) This Article applies if the mother and the father of a child were neither married to, nor civil partners of, each other at the time of the child’s birth. ( 2 ) A person who is the child’s father is not required under this Part to give particulars of the birth of the child and the relevant registrar must not enter the name of that person in the register of births as being the child’s the father except – ( a ) at the joint request of the mother and the person stating himself to be the child’s father (“F”); ( b ) at the request of the mother, on production of – ( i ) a declaration by the mother that that person is the child’s father, and ( ii ) a declaration by that person that he is the child’s father; ( c ) at the request of F on production of – ( i ) a declaration by him that he is the child’s father, and ( ii ) a declaration by the mother that he is the child’s father; ( d ) at the request of the mother or F on production of – ( i ) a copy of a parental responsibility agreement made between them in relation to the child, and ( ii ) a declaration by the person making the request that the agreement was made in compliance with Article 9F of the Children Law and has not ceased to have effect by an order of the Royal Court; ( e ) at the request of the mother or F on production of – ( i ) a certified copy of an order under Article 9C of the Children Law giving F parental responsibility for the child, and ( ii ) a declaration by the person making the request that the order has not ceased to have effect by an order of the Royal Court; or ( f ) at the request of the mother or F on production of – ( i ) a certified copy of an order under paragraph 1 of Schedule 1 to the Children Law (and which is not an order under paragraph 4(3) of that Schedule) requiring F to make financial provision for the child, and ( ii ) a declaration by the person making the request that the order has not been discharged. ( 3 ) If F makes a request to the relevant registrar under paragraph (2) the giving by F of particulars of the birth of the child and the signing of the register of births under Article 72 acts as a discharge of the duties imposed under Article 51 or 52. ( 4 ) If, in accordance with this Article, the relevant registrar enters the name of a person in the register of births as the child’s father, the relevant registrar must register the child as the illegitimate child of the father and the mother.”. 26 Articles 55A to 55C inserted After Article 55 there is inserted – “55A Registration of father if parents married or civil partners ( 1 ) This Article applies if the mother and the father of a child were married to, or civil partners of, each other at the time of the child’s birth. ( 2 ) The relevant registrar must not enter the name of a person in the register of births as the child’s father except – ( a ) at the joint request of the mother and her husband or civil partner; ( b ) at the request of the mother, on production of – ( i ) a declaration by her that her husband or civil partner is the child’s father, and ( ii ) a declaration by that person that he is the child’s father; ( c ) at the request of the mother’s husband or civil partner on production of – ( i ) a declaration by him that he is the child’s father, and ( ii ) a declaration by the mother that that person is the child’s father; or ( d ) at the request of a person on production of a declaration by him that he is – ( i ) the child’s father, and ( ii ) married to, or the civil partner of, the child’s mother. ( 3 ) If a person makes a request to the relevant registrar under paragraph (2), the giving by that person of particulars of the birth of the child and the signing of the register of births under Article 72 acts as a discharge of the duties imposed under Article 51 or 52. ( 4 ) If in accordance with this Article, the relevant registrar enters the name of a person in the register of births as the child’s father, the relevant registrar must, if the father and mother are married to each other, register the child as the legitimate child of the father and mother. 55B Registration of second parent if parents neither married nor civil partners ( 1 ) This Article applies if the mother and the second parent of a child were neither married to, nor civil partners of, each other at the time of the child’s birth. ( 2 ) A woman who is the second parent of a child is not required under this Part to give particulars of the birth of the child and the relevant registrar must not enter that woman’s name in the register of births as being the second parent of the child except – ( a ) at the joint request of the mother and the woman stating herself to be the second parent of the child (“W”);

( b ) at the request of the mother, on production of – ( i ) a declaration by the mother that that woman is the second parent of the child, and ( ii ) a declaration by that woman that she is the second parent of the child; ( c ) at the request of W on production of – ( i ) a declaration by W that she is the second parent of the child, and ( ii ) a declaration by the mother that W is the second parent of the child; ( d ) at the request of the mother or W on production of – ( i ) a copy of a parental responsibility agreement between them in relation to the child, and ( ii ) a declaration by the person making the request that the agreement was made in compliance with Article 9F of the Children Law and has not ceased to have effect by an order of the Royal Court; ( e ) at the request of the mother or W on production of – ( i ) a certified copy of an order under Article 9D of the Children Law giving W parental responsibility for the child, and ( ii ) a declaration, by the person making the request, that the order has not ceased to have effect by order of the Royal Court; or ( f ) at the request of the mother or W on production of – ( i ) a certified copy of an order under paragraph 1 of Schedule 1 to the Children Law (and which is not an order under paragraph 4(3) of that Schedule) requiring W to make financial provision for the child, and ( ii ) a declaration, by the person making the request, that the order has not been discharged by an order of the Royal Court. ( 3 ) If W makes a request to the relevant registrar under paragraph (2), the giving by W of particulars of the birth of the child and the signing the register of births in accordance with Article 72 acts as a discharge of the duties imposed under Article 51 or 52. ( 4 ) If, in accordance with this Article, the relevant registrar enters the name of a woman in the register of births as the second parent of the child, the relevant registrar must register the child as the illegitimate child of that woman and the mother. 55C Registration of second parent if parents married or civil partners ( 1 ) This Article applies if the mother and the second parent of a child were married to, or civil partners of, each other at the time of the child’s birth. ( 2 ) The relevant registrar must not enter a woman’s name in the register of births as the second parent of the child except – ( a ) at the joint request of the mother and her wife or civil partner; ( b ) at the request of the mother, on production of – ( i ) a declaration by the mother that her wife or civil partner is the second parent of the child, and ( ii ) a declaration by the mother’s wife or civil partner that she is the second parent of the child; ( c ) at the request of the mother’s wife or civil partner, on production of – ( i ) a declaration by the mother’s wife or civil partner that she is the second parent of the child, and ( ii ) a declaration by the mother that her wife or civil partner is the second parent of the child; or ( d ) at the request of the second parent of the child on production of a declaration by her that she is – ( i ) the second parent of the child, and ( ii ) married to, or the civil partner of, the mother. ( 3 ) If a woman makes a request to the relevant registrar under paragraph (2), the giving by her of particulars of the birth of the child and the signing of the register of births in accordance with Article 72 acts as a discharge of the duties imposed under Article 51 or 52. ( 4 ) If, in accordance with this Article, the relevant registrar enters the name of a woman in the register of births as the second parent of the child, the relevant registrar must register the child as the illegitimate child of that woman and the mother.”. 27 Article 56 (re-registration where parents not married) substituted For Article 56 there is substituted – “56 Re-registration of birth of child if parents neither married nor civil partners ( 1 ) This Article applies if the child’s mother and the child’s father or second parent were neither married to, nor civil partners of, each other at the time of the child’s birth, and no person has been registered as the father or second parent of the child. ( 2 ) The relevant registrar must re-register the birth to register the name of a person as the father or second parent – ( a ) at the joint request of the mother and the father or second parent; ( b ) at the request of the mother on production of – ( i ) a declaration by the mother that that person is the father or second parent of the child, and ( ii ) a declaration by that person that that person is the father or second parent of the child; ( c ) at the request of the father or second parent on production of – ( i ) a declaration by that person that that person is the father or second parent of the child, and ( ii ) a declaration by the mother that that person is the father or second parent of the child; ( d ) at the request of the mother, father or second parent on production of – ( i ) a copy of a parental responsibility agreement made between them in relation to the child, and ( ii ) a declaration, by the person making the request, that the agreement was made in compliance with Article 9F of the Children Law and has not ceased to have effect by an order of the Royal Court; ( e ) at the request of the mother, father or second parent on production of – ( i ) a certified copy of an order under Article 9C or 9D of the Children Law giving the father or second parent parental responsibility for the child, and ( ii ) a declaration, by the person making the request, that the order has not ceased to have effect by an order of the Royal Court; or ( f ) at the request of the mother, father or second parent on production of – ( i ) a certified copy of an order under paragraph 1 of Schedule 1 to the Children Law (and which is not an order under paragraph 4(3) of that Schedule) requiring the father or second parent to make financial provision for the child, and ( ii ) a declaration, by the person making the request, that the order has not been discharged by an order of the Royal Court. ( 3 ) A birth may be re-registered in accordance with this Article only by, or with the authority of, the Superintendent Registrar and on payment of the prescribed fee. ( 4 ) On the re-registration of a birth to record the name of a person as the father or second parent, in addition to the requirements of Article 72, the register of births must be signed by the relevant registrar. ( 5 ) If the relevant registration functions are retained for the parish in which the birth occurred and the re-registration takes place more than 3 months after the birth, the register must be countersigned by the Superintendent Registrar. ( 6 ) If the relevant registrar re-registers the birth of a child under this Article, the relevant registrar must register the child as the illegitimate child of the parents.”. 28 Articles 56A to 56C inserted After Article 56 there is inserted – “56A Re-registration of birth of child if father married to, or civil partner of, mother ( 1 ) This Article applies if the birth has been registered of a child whose father and mother were married to, or civil partners of, each other, at the time of the child’s birth, but no person has been registered as the child’s father. ( 2 ) The relevant registrar must re-register the birth to register the name of the mother’s husband or civil partner as the child’s father – ( a ) at the joint request of the mother and her husband or civil partner; ( b ) at the request of the mother on production of – ( i ) a declaration by her that her husband or civil partner is the child’s father, and ( ii ) a declaration by her husband or civil partner that he is the child’s father; ( c ) at the request of the mother’s husband or civil partner on production of – ( i ) a declaration by him that he is the child’s father, and ( ii ) a declaration by the mother that he is the child’s father; or ( d ) at the request of the father on production of a declaration by him that he is – ( i ) the child’s father, and ( ii ) married to, or the civil partner of, the mother. ( 3 ) A birth may be re-registered in accordance with this Article only by, or with the authority of, the Superintendent Registrar and on payment of the prescribed fee. ( 4 ) On the re-registration of a birth to register the name of the father, in addition to the requirements of Article 72, the register must be signed by the relevant registrar. ( 5 ) If the relevant registration functions are retained for the parish in which the birth occurred, and the re-registration takes place more than 3 months after the birth, the Superintendent Registrar must countersign the register. ( 6 ) If the relevant registrar re-registers the birth, the relevant registrar must register the child – ( a ) as the legitimate child of the father and mother if they are married; and ( b ) as the illegitimate child of the father and mother if they are civil partners of each other. 56B Re-registration of birth of child if mother married to, or civil partner of, second parent ( 1 ) This Article applies if the birth has been registered of a child whose mother was married to, or the civil partner of, another woman at the time of the child’s birth, but no person has been registered as the child’s father or second parent. ( 2 ) The relevant registrar must re-register the birth to register the name of the mother’s wife or civil partner as the second parent of the child – ( a ) at the joint request of the mother and her wife or civil partner; ( b ) at the request of the mother on production of – ( i ) a declaration by her that her wife or civil partner is the second parent of the child, and ( ii ) a declaration by her wife or civil partner that she is the second parent of the child; ( c ) at the request of the mother’s wife or civil partner on production of – ( i ) a declaration by her that she is the second parent of the child, and ( ii ) a declaration by the mother of the child that her wife or civil partner is the second parent of the child; or ( d ) at the request of the second parent on production of a declaration by her that she is – ( i ) the second parent of the child, and ( ii ) married to, or the civil partner of, the mother. ( 3 ) A birth may be re-registered under this Article only by, or with the authority of, the Superintendent Registrar and on payment of the prescribed fee. ( 4 ) On the re-registration of a birth to register the name of the second parent, in addition to the requirements of Article 72, the register must be signed by the relevant registrar. ( 5 ) If the relevant registration functions are retained for the parish in which the birth occurred, and the re-registration takes place more than 3 months after the birth, the register must be countersigned by the Superintendent Registrar. ( 6 ) If the relevant registrar re-registers the birth, the relevant registrar must register the child as the illegitimate child of the mother and the woman registered as the second parent. 56C Re-registration of birth of child of female same-sex couple before commencement ( 1 ) This Article applies if, before the commencement of this Article, a woman gives birth in Jersey to a child conceived as a result of – ( a ) artificial insemination or fertility treatment, if – ( i ) at the time of her insemination or treatment she was married to, or the civil partner of, another woman who had consented to her being so inseminated or treated, and ( ii ) the mother and her wife or civil partner make a declaration containing the prescribed particulars; or ( b ) relevant fertility treatment if – ( i ) at the time of that treatment, another woman consented to her being so treated, and ( ii ) the mother and the other woman make a declaration containing the prescribed particulars. ( 2 ) If this Article applies, the child’s mother and her wife or civil partner, or in a case falling within paragraph (1)(b) the mother and the other woman, may apply for the birth of the child to be re-registered in accordance with paragraph (3). ( 3 ) The relevant registrar must re-register the birth to register the name of the wife or civil partner of the mother, or in a case falling within paragraph (1)(b) the other woman, as the second parent of the child – ( a ) at the joint request of the child’s mother and either her wife, civil partner or the other woman; and ( b ) on production of the declaration referred to in paragraph (1). ( 4 ) A birth must only be re-registered under this Article on payment of the prescribed fee and with the authority of the Superintendent Registrar. ( 5 ) On the re-registration of a birth to register the name of a person as the second parent, in addition to the requirements of Article 72, the register of births must be signed by the relevant registrar. ( 6 ) If the relevant registration functions are retained by the parish in which the birth occurred, and the re-registration takes place more than 3 months after the birth, the register of births must be countersigned by the Superintendent Registrar. ( 7 ) If the relevant registrar re-registers the birth of a child under this Article, the relevant registrar must register the child as the illegitimate child of the mother and the second parent.”. 29 Article 57 (re-registration of birth of legitimated person) substituted For Article 57 there is substituted – “57 Re-registration of birth of legitimated person ( 1 ) This Article applies if, according to the law of Jersey, whether written or customary, a person is legitimated by the subsequent marriage of the person’s parents. ( 2 ) If, under Article 55 or 56, the name of the husband of the person’s mother has already been entered in the register of births as the person’s father, the husband or the person’s mother must, not later than 3 months after the date of the solemnisation of the marriage, make a declaration as to the prescribed matters. ( 3 ) If the name of the husband has not been entered in the register of births as the person’s father, the husband and wife, following the solemnisation of their marriage, may make a declaration as to the prescribed matters. ( 4 ) If more than one person is legitimated by the marriage of the husband and wife, a separate declaration must be made in respect of each person. ( 5 ) Paragraph (6) applies to a person who is required by or under this Law to register a marriage, or to make a return of the particulars of the marriage for the purposes of registration. ( 6 ) The person to whom this paragraph applies must countersign a declaration and deliver it to the Superintendent Registrar if the declaration is made immediately after the solemnisation of the marriage and in the person’s presence. ( 7 ) A person requesting re-registration under this Article must pay the prescribed fee to the Superintendent Registrar. ( 8 ) The person countersigning the declaration under paragraph (6) is entitled to receive from the Superintendent Registrar one half of the fee paid under paragraph (7). ( 9 ) If a request for re-registration is made in accordance with this Article, the Superintendent Registrar must – ( a ) if the relevant registration duties have not been retained – ( i ) cause an entry to be made in the register for the parish in which the birth took place as if the child had been legitimate at birth, and ( ii ) note the re-registration against the original entry; or ( b ) if the relevant registration duties are retained by the parish – ( i ) direct the registrar for the parish in which the birth took place to make an entry in the register of births as if the child had been legitimate at birth, and ( ii ) note the re-registration against the original entry. ( 10 ) Before acting in accordance with paragraph (9), the Superintendent Registrar may refer the matter to the Royal Court. ( 11 ) If the legitimation of a person is established by a judgment of the Royal Court, the Judicial Greffier must, as soon as reasonably practicable, send a copy of the legitimation order to the Superintendent Registrar.”. 30 Article 59A substituted For Article 59A there is substituted – “59A Surname of child ( 1 ) The mother and either the father or second parent of a child may, on registering or re-registering their child’s birth under this Part, choose the name to be registered as the child’s surname. ( 2 ) The surname chosen by the child’s parents in accordance with paragraph (1) must be evidenced by – ( a ) the parents’ joint request for registration or re-registration; or ( b ) if only one of the parents registers or re-registers the birth – ( i ) the request of the person registering or re-registering the birth, and ( ii ) the production of a declaration by the other parent stating the parents’ agreed choice of surname. ( 3 ) In the case of a child whose mother and father are not married to each other at the time of the child’s birth, and the child has not been legitimated by the subsequent marriage of the mother and father, a surname must not be registered or re-registered unless – ( a ) the father is, or is being, registered as the father under this Part; or ( b ) the birth is being re-registered under Article 57 and the father’s particulars are or are to be entered in the register. ( 4 ) If a choice of surname is made in accordance with paragraph (1) and (2) on the re-registration of a child’s birth, the mother and either the father or second parent may, at the same time, request the addition to or removal from the register of any forename for the child. ( 5 ) A request made under paragraph (4) must be evidenced in accordance with paragraph (2). ( 6 ) If the mother and the father or second parent of a child do not, in accordance with paragraphs (1) and (2), jointly choose a surname for the child, the surname registered or re-registered for the child is to be that registered for the mother in the register of births. ( 7 ) But if the mother has been adopted, or has executed a deed poll that has been registered in the Royal Court, the child’s surname is to be that – ( a ) entered for the mother in the Adopted Children Register, if she has been adopted; or ( b ) registered for the mother in the Royal Court, if she has executed a deed poll.”. 31 Article 60 (short birth certificate) substituted For Article 60 there is substituted – “60 Short birth, adoption or parental order certificate ( 1 ) A person may request – ( a ) the relevant registrar to issue a short birth certificate, in the form that the Superintendent Registrar may by notice specify, containing the prescribed particulars in respect of a birth registered by the relevant registrar; ( b ) the Superintendent Registrar to issue a certificate, in the form that the Superintendent Registrar may by notice specify, containing the prescribed particulars – ( i ) in respect of a birth for which an entry has been made in the Parental Orders Register maintained under Article 61A, or ( ii ) in respect of a birth for which an entry has been made in the Adopted Children Register . ( 2 ) Unless the request under paragraph (1) is made at the time of registration of the birth, adoption or parental order (as the case may be) the person making it must provide the registrar to whom the request is made with whatever particulars may be necessary in order to find the entry in the register. ( 3 ) A person making a request under paragraph (1) must pay to the person to whom the request is made the sum prescribed for the provision of the certificate issued under that paragraph.”. 32 Article 61 (registration of stillbirths) amended ( 1 ) This Article amends Article 61. ( 2 ) For paragraph (1) there is substituted – “( 1 ) Each of the people listed in paragraph (1A) is under a duty to – ( a ) inform the relevant registrar of a stillbirth not later than 5 days after its occurrence; ( b ) provide the relevant registrar with the prescribed particulars; and ( c ) produce to the relevant registrar the certificate if one is given under paragraph (3). ( 1A ) Those people are – ( a ) the mother and either the father or the second parent; and ( b ) in default of the people referred to in sub-paragraph (a) every person who assisted at the stillbirth.”. ( 3 ) In paragraph (2) for “shall act” there is substituted “acts”. ( 4 ) For paragraph (4) there is substituted – “( 4 ) If paragraph (1) has not been complied with, the Superintendent Registrar may, by notice in writing, require any of the people referred to in paragraph (1A) to provide particulars of the stillbirth, to the best of their ability, to the Superintendent Registrar.”. 33 Articles 61A to 61F inserted: registration of parental orders After Article 61 there is inserted – “ Parental orders 61A Parental Orders Register ( 1 ) The Superintendent Registrar must maintain a register, to be called the Parental Orders Register, in which there are to be made the entries that are – ( a ) directed to be made by parental orders; or ( b ) required to be made under Article 61B or 61E. ( 2 ) No other entries must be made in the Parental Orders Register. ( 3 ) A person – ( a ) may request the Superintendent Registrar to issue a certificate (a “parental order certificate”), in the form that the Superintendent Registrar may specify, containing the prescribed particulars in respect of a parental order registered in the Parental Orders Register; and ( b ) must, unless the request is made at the time of the registration, provide the Superintendent Registrar with any particulars that the Superintendent Registrar may require to enable the Superintendent Registrar to find the relevant entry in the Parental Orders Register. ( 4 ) A parental order certificate that appears to be signed by the Superintendent Registrar – ( a ) must be treated, without any other proof of the entry in the Parental Orders Register, as evidence of the parental order to which it relates; and ( b ) must, if paragraph (5) applies, be treated without any other proof of the entry in the Parental Orders Register, as if it were a certified copy of an entry in the register of births. ( 5 ) If a parental order certificate described in paragraph (4) contains the date of birth, or the country or the parish of birth, of the person who is the subject of the parental order, the certificate must be treated as evidence of the matters stated in it for the purpose of paragraph (4)(b). ( 6 ) The Superintendent Registrar must cause an index of the Parental Orders Register to be made and kept in the Superintendent Registrar’s office. ( 7 ) A person is entitled to search that index and to obtain a certified copy of an entry in the Parental Orders Register, subject to the same terms and conditions, including as to payment of fees, as apply to the registers of births, deaths and marriages. ( 8 ) The Superintendent Registrar must also keep other registers and books, and make the entries in those registers and books, that may be necessary to record and make traceable the connection between – ( a ) an entry in the register of births marked “Parental Order” under Article 61B; and ( b ) a corresponding entry in the Parental Orders Register. ( 9 ) The registers and books kept under paragraph (8) and any index of those registers and books are not to be open to public inspection or search. ( 10 ) But the Royal Court may order the Superintendent Registrar to provide a person with information contained in, or with a copy of, or extract from, those registers or books. 61B Registration of parental orders ( 1 ) A parental order must contain a direction to the Superintendent Registrar to make an entry in the Parental Orders Register in the prescribed form. ( 2 ) The names to be specified as the names of the child are the forename or names and surname stated in the application for the parental order, but if – ( a ) no forename is so stated, the forename to be entered is that chosen under Article 58A; ( b ) no surname is so stated, the surname to be entered is that of the applicant, or in the case of a joint application – ( i ) if the gametes of only one applicant were used in the conception of the child, the surname of the applicant whose gametes were used, and ( ii ) if the gametes of both applicants were used, the surname of the applicant from whom the child derives their domicile of dependence in accordance with Part 5A. ( 3 ) If particulars of a child are to be entered in the Parental Orders Register, but the parish in which the birth of the child took place is not proved to the satisfaction of the Royal Court, the child is to be treated as born in the parish of St. Helier. ( 4 ) As soon as reasonably practicable after a parental order is made, the Judicial Greffier must cause the order to be sent to the Superintendent Registrar, and upon receipt the Superintendent Registrar must cause the prescribed particulars to be entered in the Parental Orders Register. ( 5 ) If, upon an application for a parental order in respect of a child, the court is satisfied that the child who is the subject of the application is a child to whom an entry in the register of births relates, the parental order made on the application must contain a direction to the Superintendent Registrar to cause the entry in the register of births to be marked with the words “Parental Order”. ( 6 ) If an entry is made in the Parental Orders Register, the Superintendent Registrar may by notice require a person to deliver to the Superintendent Registrar, not later than 28 days after the making of the entry, every certified copy of the original entry of birth that is in that person’s possession or control. 61C Amendment of orders and rectification of registers If a parental order has been amended under Article 9H of the Children Law – ( a ) a parental order certificate for the entry to which it relates in the Parental Orders Register must be a copy of the entry as amended, without the reproduction of any note or marking relating to the amendment or of any matter cancelled in accordance with the amendment; and ( b ) a copy or extract of an entry in a register, the marking of which has been cancelled, is treated as an accurate copy only if both the marking and the cancellation are omitted from the extract. 61D Registration of baptism ( 1 ) This Article applies if a child in respect of whom a parental order has been made is baptised. ( 2 ) The person who has performed the rite of baptism or who has the custody of a register in which the baptism is registered must record in that register that the child is the child of the person in whose favour the parental order was made, instead of recording that the child is the child of a natural parent who did not apply for the parental order. 61E Registration of a recognition order ( 1 ) If a recognition order is made under Article 9N of the Children Law, the Superintendent Registrar must enter in the Parental Orders Register the information contained in the order that the Judicial Greffier has sent to the Superintendent Registrar under Article 9N(6) of that Law, and any other information that may be prescribed. ( 2 ) An entry under paragraph (1) must be authenticated in any manner that may be prescribed. 61F Disclosure of birth records of children subject to parental orders ( 1 ) Paragraph (2) applies if an application is made in the prescribed manner, and accompanied by the prescribed fee, by a person – ( a ) who has attained the age of 18; ( b ) who is the subject of a parental order; and ( c ) whose birth is recorded in a register kept by the Superintendent Registrar. ( 2 ) The Superintendent Registrar must supply to the person described in paragraph (1) the information necessary to enable the person to obtain a certified copy of the record of the person’s birth. ( 3 ) Paragraph (4) applies if an application is made in the prescribed manner, and accompanied by the prescribed fee, by a person – ( a ) who is the subject of a parental order; ( b ) whose birth is recorded in a register kept by the Superintendent Registrar; and ( c ) who intends to marry or form a civil partnership in Jersey. ( 4 ) The Superintendent Registrar must inform the person described in paragraph (3) whether or not it appears from information contained in the register of births, or other records – ( a ) that the person and the intended spouse may be prohibited from marrying under Articles 3 and 5, or be within the degrees of relationship prohibited by Schedule 1; or ( b ) that the person and the intended civil partner may not be eligible to form a civil partnership under Article 4 of the Civil Partnership (Jersey) Law 2012 , or may be within the degrees of relationship prohibited by Schedule 2 to that Law. ( 5 ) Before information is supplied under paragraph (2) or (4), the Superintendent Registrar must inform the person in question of the availability of any counselling services approved by the Minister.”. 34 Article 72 (duty of informant to sign register) substituted For Article 72 there is substituted – “72 Duty of informant to sign register ( 1 ) When giving particulars of a birth, stillbirth or death for the purpose of registration in the appropriate register, the informant must sign the entry in that register in the presence of the relevant registrar. ( 2 ) An entry of a birth, stillbirth or death of a child must not be admitted as proof of the information contained in it unless the entry – ( a ) has been signed by the informant; and ( b ) contains particulars of the qualifications required for the informant to give the information. ( 3 ) Paragraph (4) applies if the required particulars for the registration of an entry in a register maintained by the relevant registrar have been given and the entry has been signed by the informant. ( 4 ) The actions of the informant under paragraph (3) discharge any other person’s obligation under this Law to give the required particulars and sign the entry.”. 35 Part 5A (provisions on domicile) inserted After Article 75 (duty of Minister) there is inserted – “Part 5A Provisions on Domicile 75A Abolition of wife’s domicile of dependence ( 1 ) Unless paragraph (2) applies, at any time after the coming into force of this Article, the domicile of a married woman, instead of being the same as her husband’s by virtue only of marriage, is to be ascertained by reference to the same factors as in the case of any other individual capable of having an independent domicile. ( 2 ) If, immediately before this Article came into force, a married woman was treated as having her husband’s domicile by dependence, the woman is to be treated as retaining that domicile (as a domicile of choice) unless and until it is changed by the acquisition or revival of another domicile, either on or after the coming into force of this Article. 75B Domicile of child conceived in Circumstance C or Circumstance D, or to whom paragraph 9 of Schedule A1 to the Children Law applies ( 1 ) This Article applies in the case of a child – ( a ) conceived in Circumstance C or Circumstance D; or ( b ) to whom paragraph 9 (female same-sex couples: child born before commencement) of Schedule A1 to the Children Law applies. ( 2 ) The child’s domicile of dependence (and hence the child’s domicile of origin) is derived from the child’s mother. 75C Domicile of child subject to parental order ( 1 ) This Article applies in the case of a child who is the subject of a parental order under Article 9G of the Children Law. ( 2 ) The child’s domicile of dependence (and hence the child’s domicile of origin) is that of the applicant for the parental order whose gametes were used in the child’s conception. ( 3 ) If 2 people apply jointly for a parental order (the “applicants”), and the gametes of both applicants were used in the conception of the child, the child derives its domicile of dependence – ( a ) from the male applicant if at the time of the child’s birth the applicants were married to, or were civil partners, of each other; and ( b ) from the female applicant if at the time of the child’s birth the applicants were not married to, nor civil partners of, each other. ( 4 ) If a child is born as the result of a surrogacy arrangement entered into by the surrogate with 2 people, one of whom has died before the making of the parental order, the deceased person is to be treated, in the application of this Article, as if they were an applicant for the order.”. 36 Article 77A (abolition of wife’s domicile of dependence) deleted Article 77A is deleted. 37 Article 82 (power to make further provision in connection with marriages and registration of births, marriages and deaths) amended ( 1 ) In the heading to Article 82, after “births,” there is inserted “parental orders,”. ( 2 ) In Article 82, after paragraph (5) there is inserted – “( 6 ) The States may by Regulations amend this Law or any other enactment to make further provision that appears to the States to be necessary or expedient in connection with any amendment made by the Children and Civil Status (Amendments) (Jersey) Law 2024 . ( 7 ) In paragraph (6) “further provision ” includes any consequential, incidental, supplemental or transitional provision.”. Part 4 Amendments to the Civil Status Order 38 Civil Status Order amended This Part amends the Civil Status Order. 39 Article 28 (application for notice of intended marriage) amended In Article 28(b) for “Mother/Father/Parent” there is substituted “Mother/Father/Parent/Second Parent”. 40 Article 31 (marriage schedule) amended In Article 31(e) for “Mother/Father/Parent” there is substituted “Mother/Father/Parent/Second Parent”. 41 Article 33 (marriage certificate) amended In Article 33(1)(f) and (2)(d) for “Mother/Father/Parent” there is substituted “Mother/Father/Parent/Second Parent”. 42 Article 35 (application for conversion) amended In Article 35(b) for “Mother/Father/Parent” there is substituted “Mother/Father/Parent/Second Parent”. 43 Article 36 (conversion schedule) amended In Article 36(d) for “Mother/Father/Parent” there is substituted “Mother/Father/Parent/Second Parent”. 44 Article 41 (register of marriage supplied to incumbent of an Anglican church) amended In Article 41(1)(d) for “Mother/Father/Parent” there is substituted “Mother/Father/Parent/Second Parent”. 45 Article 43 (returns of information for Anglican marriages) In Article 43(2)(d) for “Mother/Father/Parent” there is substituted “Mother/Father/Parent/Second Parent”. 46 Article 46 (registration of births and stillbirths) amended ( 1 ) This Article amends Article 46. ( 2 ) In paragraph (2) for sub-paragraphs (g) to (i) there is substituted – “( g ) the forenames, surname and previous surname (if any) and occupation or profession of the mother; ( h ) the forenames, surname and previous surname (if any) and occupation or profession of the father or the second parent; ( i ) the address of the people whose particulars are entered under sub-paragraphs (g) and (h);”. ( 3 ) In paragraph (3) for sub-paragraphs (g) to (i) there is substituted – “( g ) the forenames, surname and previous surname (if any) and occupation or profession of the mother; ( h ) the forenames, surname and previous surname (if any) and occupation or profession of the father or the second parent; ( i ) the address of the people whose particulars are entered under sub paragraphs (g) and (h);”. 47 Article 51 (certificate of registration of stillbirth) amended In Article 51, for sub-paragraphs (f) to (h) there is substituted – “( f ) the forenames, surname and previous surname (if any) and occupation or profession of the mother; ( g ) the forenames, surname and previous surname (if any) and occupation or profession of the father or the second parent; ( h ) the address of the parents;”. 48 Article 51B (parental order certificate) inserted After Article 51A there is inserted – “51B Parental order certificate ( 1 ) A parental order certificate under Article 61A of the Law must contain the particulars specified in Schedule 1A. ( 2 ) The particulars in respect of items 2 to 13 in Schedule 1A must be those recorded in the copy of the parental order sent to the Superintendent Registrar under Article 61B(4) of the Law. ( 3 ) The Superintendent Registrar must – ( a ) authenticate the certificate with a statement that the parental order has been registered in accordance with the Law; ( b ) sign and date the certificate; and ( c ) add the Superintendent Registrar’s name and official description.”. 49 Schedule 1A inserted After Schedule 1 (fees) there is inserted Schedule 1A (particulars to be recorded in the Parental Orders Register), as set out in Schedule 2 to this Law. Part 5 Amendments to the Interpretation Law and the Stamp Duties Law, and closing provision 50 Part 1 of the Schedule (defined expressions) to the Interpretation Law amended In Part 1 of the Schedule to the Interpretation Law – ( a ) after the definition “British Islands” there is inserted – “ “child”, in relation to a parent, includes a person who is that parent’s child by virtue of Schedule A1 to the Children (Jersey) Law 2002 ;”; ( b ) after the definition “oath” there is inserted – “ “parent”, in relation to a child, includes a person who is that child’s parent by virtue of Schedule A1 to the Children (Jersey) Law 2002 ;”. 51 Schedule 1 (judicial fees) to the Stamp Duties Law amended In the table of judicial fees in paragraph 3 of Schedule 1 to the Stamp Duties Law there is inserted after item 4 (but before item 4A) – “ Item 4AA. Stamp Duty, by Figure or Rate Chargeable Document Designated Officer 4AA. PARENTAL ORDER, application and hearing under the Children (Jersey) Law 2002 rate G Application Greffier” 52 Citation and commencement This Law may be cited as the Children and Civil Status (Amendments) (Jersey) Law 2024 and comes into force on a day to be specified by the States by Act. Schedule 1 (Article 16) Schedule A1 inserted in the Children Law “Schedule A1 (Article 1(10)) Circumstances in which a person is treated IN LAW as a parent if child conceived by fertility treatment or ARTIFICIAL INSEMINATION 1 Application and interpretation of Schedule ( 1 ) This Schedule specifies who is to be treated in law as the other parent of a child if the child was born as a result of – ( a ) the placing in a woman of an embryo or sperm and eggs; or ( b ) a woman’s artificial insemination. ( 2 ) Only paragraph 9, and paragraph 16(a) so far as it relates to paragraph 9, apply in the case of a child born before this Schedule comes into force, but otherwise the Schedule applies in the case of a child born after it comes into force. ( 3 ) A reference in a paragraph of this Schedule to a “resulting child” is a reference to a child born as a result of the process (whether artificial insemination or relevant fertility treatment) described in that paragraph. 2 Circumstance A: woman married to, or civil partner of, a man at time of treatment ( 1 ) This paragraph sets out Circumstance A and applies whether the woman referred to in sub-paragraph (2) was in Jersey or elsewhere at the time referred to in that sub-paragraph. ( 2 ) A man is treated in law as a child’s father for all purposes if a woman was married to the man, or was the man’s civil partner – ( a ) at the time when – ( i ) an embryo was, or sperm and eggs were, placed in the woman, resulting in the birth of the child, or ( ii ) the woman was artificially inseminated, resulting in the birth of the child; and ( b ) the embryo carried by the woman was not created with the man’s sperm. ( 3 ) But a man is not treated in law as a child’s father for any purpose if – ( a ) it is shown that he did not consent to the placing of the embryo, or the sperm and eggs, in the woman, or her artificial insemination; or ( b ) the child is treated by virtue of adoption or a parental order as not being the man’s child. 3 Circumstance B: treatment provided to a woman if agreed fatherhood conditions apply ( 1 ) This paragraph sets out Circumstance B and applies if – ( a ) no man is treated under paragraph 2 as a child’s father; and ( b ) no woman is treated under paragraph 6, 7 or 9 as a child’s second parent. ( 2 ) A man is treated in law as a child’s father for all purposes if – ( a ) a woman underwent relevant fertility treatment; ( b ) at the time of the placing in the woman of an embryo or sperm and eggs, or of her artificial insemination in the course of that treatment, the agreed fatherhood conditions (set out in paragraph 5) were fulfilled in relation to the man; ( c ) the man was alive at that time; and ( d ) the embryo carried by the woman was not created with the man’s sperm. ( 3 ) But a man is not treated in law as a child’s father for any purpose if the child is treated by virtue of adoption or a parental order as not being the man’s child. 4 Further provisions relating to Circumstances A and B If a man is treated in law as a child’s father by virtue of paragraph 2 or 3, no other person is to be treated as the child’s father for any purpose. 5 Agreed fatherhood conditions ( 1 ) The agreed fatherhood conditions referred to in paragraph 3(2)(b) are set out in sub-paragraph (2). ( 2 ) The conditions are that – ( a ) the man has given the person responsible for the woman’s fertility treatment (the “person responsible”) a notice stating that the man consents to being treated as the father of any resulting child; ( b ) the woman has given the person responsible a notice that she consents to the man being treated as the father of any resulting child; ( c ) neither the man nor the woman has, since giving the notice referred to in clause (a) or (b), given the person responsible notice of the withdrawal of the man’s or woman’s consent to the man being treated as the father of any resulting child; ( d ) the woman has not, since giving notice under clause (b), given the person responsible – ( i ) a further notice under that clause stating that she consents to another man being treated as the father of the resulting child, or ( ii ) a notice under paragraph 8(2)(b) stating that she consents to a woman being treated as the second parent of the resulting child; and ( e ) the woman and the man are not within the prohibited degrees of relationship with each other set out in Schedule 1 to the Civil Status Law, or, in the case where the woman and the man are in an enduring family relationship, they would not be within those prohibited degrees of relationship if they were married to each other. ( 3 ) A notice under sub-paragraph (2)(a), (b) or (c) must be in writing signed by the person giving it. 6 Circumstance C: woman married to, or civil partner of, a woman at time of treatment ( 1 ) This paragraph sets out Circumstance C and applies whether a woman (“A”) was in Jersey or elsewhere at the time referred to in sub-paragraph (2). ( 2 ) A woman (“B”) is treated as a child’s second parent for all purposes if A was married to B, or was B’s civil partner at the time when – ( a ) an embryo was, or sperm and eggs were, placed in A resulting in the birth of the child; or ( b ) A was artificially inseminated, resulting in the birth of the child. ( 3 ) But B is not treated as a child’s second parent for any purpose if – ( a ) it is shown that B did not consent to the placing of the embryo or the sperm and eggs in A, or A’s artificial insemination; or ( b ) the child is treated by virtue of adoption or a parental order as not being B’s child. 7 Circumstance D: treatment provided to a woman if agreed female parenthood conditions apply ( 1 ) This paragraph sets out Circumstance D and applies if – ( a ) no man is treated under paragraph 2 as a child’s father; and ( b ) no woman is treated under paragraph 6 or 9 as a child’s second parent. ( 2 ) Another woman (“B”) is treated as a child’s second parent for all purposes if – ( a ) a woman (“A”) underwent relevant fertility treatment; ( b ) at the time of the placing in A of an embryo or sperm and eggs, or of her artificial insemination in the course of that treatment, the agreed female parenthood conditions (set out in paragraph 8) were fulfilled in relation to B; and ( c ) B was alive at that time. ( 3 ) But B is not treated as a child’s second parent for any purpose if the resulting child is treated by virtue of adoption or a parental order as not being B’s child. 8 Agreed female parenthood conditions ( 1 ) The agreed female parenthood conditions referred to in paragraph 7(2)(b) are set out in sub-paragraph (2). ( 2 ) The conditions are that – ( a ) B has given the person responsible for the woman’s relevant fertility treatment (the “person responsible”) a notice stating that B consents to being treated as the second parent of any resulting child; ( b ) the woman undergoing relevant fertility treatment (“A”) has given the person responsible a notice that she consents to B being treated as the second parent of any resulting child; ( c ) neither B nor A has, since giving notice under clause (a) or (b), given the person responsible notice of the withdrawal of B or A’s consent to B being treated as the second parent of any resulting child; ( d ) A has not, since giving notice under clause (b), given the person responsible – ( i ) a further notice under that clause stating that she consents to a woman other than B being treated as the second parent of any resulting child, or ( ii ) a notice under paragraph 5(2)(b) stating that she consents to a man being treated as the father of any resulting child; and ( e ) A and B are not within the prohibited degrees of relationship set out in Schedule 1 to the Civil Status Law, or in a case where A and B are in an enduring family relationship with each other, they would not be within the prohibited degrees of relationship if they were married to each other. ( 3 ) A notice under sub-paragraph (2)(a), (b) or (c) must be in writing signed by the person giving it. 9 Female same-sex couples: child born before commencement ( 1 ) This paragraph applies if – ( a ) a child was born before the coming into force of this paragraph; and ( b ) the child’s birth is re-registered under Article 56C of the Civil Status Law on the joint application of the mother and another woman. ( 2 ) If this paragraph applies the other woman is treated as the second parent of the child. 10 Further provision relating to cases involving female same-sex couple If a woman is treated as a child’s second parent by virtue of paragraph 6, 7 or 9 no man is to be treated in law as the child’s father for any purpose. 11 Use of sperm, or transfer of embryo, after death of man providing sperm ( 1 ) If the conditions set out in sub-paragraph (2) are fulfilled, a deceased man is treated in law as a child’s father only for the purpose of enabling the man’s particulars to be entered as the particulars of the child’s father in a register of births. ( 2 ) The conditions are that – ( a ) the child was borne by a woman as a result of the placing in her of an embryo or sperm and eggs, or her artificial insemination, whether the woman was in Jersey or elsewhere at the time ; ( b ) the embryo carried by the woman was created using the man’s sperm after his death, or the embryo was created before the man’s death, but placed in the woman after his death; ( c ) the man consented in writing (and did not withdraw the consent) – ( i ) to the use of his sperm after his death for the purpose of creating an embryo to be carried by the woman, or to the placing in the woman, after his death, of the embryo created using the man’s sperm before his death, and ( ii ) to his being treated as the father of any resulting child only for the purpose specified in sub-paragraph (1); ( d ) the woman has elected in writing, not later than the end of the period of 21 days beginning with the day on which the child was born, for the man to be treated for the purpose specified in sub-paragraph (1) as the child’s father;

and ( e ) no-one else is to be treated – ( i ) as the child’s father under paragraph 2 or 3, ( ii ) as the child’s second parent under paragraph 6, 7 or 9, or ( iii ) as the child’s parent by virtue of adoption or a parental order. 12 Embryo transferred after death of male spouse or civil partner who did not provide sperm ( 1 ) If the conditions set out in sub-paragraph (2) are fulfilled, a deceased man is treated in law as a child’s father for the purpose only of enabling the man’s particulars to be entered as the particulars of the child’s father in a register of births. ( 2 ) The conditions are that – ( a ) the child was borne by a woman as a result of the placing in her of an embryo, whether the woman was in Jersey or elsewhere at the time the embryo was placed in her; ( b ) the embryo was created at a time when the woman was married to the man or was the man’s civil partner; ( c ) the embryo was not created with the man’s sperm; ( d ) the man died before the embryo was placed in the woman; ( e ) the man consented in writing (and did not withdraw that consent) – ( i ) to the placing of the embryo in the woman after his death , and ( ii ) to his being treated as the father of any resulting child for the purpose specified in sub-paragraph (1); ( f ) the woman has elected in writing, not later than the end of the period of 21 days beginning with the day on which the child was born, for the man to be treated for the purpose specified in sub-paragraph (1) as the child’s father; and ( g ) no-one else is to be treated – ( i ) as the child’s father under paragraph 2 or 3, ( ii ) as the child’s second parent under paragraph 6, 7 or 9, or ( iii ) as the child’s parent by virtue of adoption or a parental order. 13 Embryo transferred after death of man who consented to be recorded as father in register of births ( 1 ) If the conditions set out in sub-paragraph (2) are fulfilled, a deceased man is treated in law as a child’s father for the purpose only of enabling the man’s particulars to be entered as the particulars of the child’s father in a register of births. ( 2 ) The conditions are that – ( a ) the child was borne by a woman as a result of the placing in her of an embryo, whether the woman was in Jersey or elsewhere at the time the embryo was placed in her; ( b ) the embryo was not created at a time when the woman was married or in a civil partnership but was created in the course of relevant fertility treatment services provided to the woman; ( c ) a man consented in writing (and did not withdraw the consent) – ( i ) to the placing of the embryo in the woman after his death, and ( ii ) to his being treated as the father of any resulting child for the purpose specified in sub-paragraph (1); ( d ) the embryo was not created with the man’s sperm; ( e ) the man died before the embryo was placed in the woman; ( f ) immediately before the man’s death, the agreed fatherhood conditions set out in paragraph 5 were fulfilled in relation to relevant fertility treatment services proposed to be provided to the woman; ( g ) the woman has elected in writing, not later than the end of the period of 21 days beginning with the day on which the child was born, for the man to be treated for the purpose specified in sub-paragraph (1) as the child’s father; and ( h ) no-one else is to be treated – ( i ) as the child’s father under paragraph 2 or 3, ( ii ) as the child’s second parent under paragraph 6,7 or 9, or ( iii ) as the child’s parent by virtue of adoption or a parental order. 14 Embryo transferred after death of female spouse or civil partner who consented to be recorded as second parent in register of births ( 1 ) If the conditions in sub-paragraph (2) are fulfilled, the woman referred to in that sub-paragraph as B is treated as a child’s second parent for the purpose only of enabling B’s particulars to be entered as the particulars of the child’s second parent in a register of births. ( 2 ) The conditions are that – ( a ) the child was borne by a woman (“A”) as a result of the placing in her of an embryo, whether she was in Jersey or elsewhere at that time; ( b ) the embryo was created at a time when the woman was married to, or the civil partner of, another woman (“B”); ( c ) B died before the embryo was placed in A; ( d ) B consented in writing (and did not withdraw that consent) – ( i ) to the placing of the embryo in A after B’s death, and ( ii ) to being treated, for the purpose specified in sub-paragraph (1), as the second parent of any resulting child; ( e ) A has elected in writing, not later than the end of the period of 21 days from the day on which the child was born, for B to be treated for the purpose specified in sub-paragraph (1) as the child’s second parent; and ( f ) no-one else is to be treated – ( i ) as the child’s father under paragraph 2 or 3, ( ii ) as the child’s second parent under paragraph 6, 7 or 9, or ( iii ) as the child’s parent by virtue of adoption or a parental order. 15 Embryo transferred after death of woman who consented to be recorded as second parent in register of births ( 1 ) If the conditions in sub-paragraph (2) are fulfilled, the woman referred to in that sub-paragraph as B is treated as a child’s second parent for the purpose only of enabling B’s particulars to be entered as the particulars of the child’s second parent in a register of births. ( 2 ) The conditions are that – ( a ) the child was borne by a woman (“A”) as a result of the placing in her of an embryo, whether she was in Jersey or elsewhere at that time; ( b ) the embryo was not created at a time when A was married or in a civil partnership but was created in the course of relevant fertility treatment services provided to A; ( c ) another woman (“B”) consented in writing (and did not withdraw the consent) – ( i ) to the placing of the embryo in A after B’s death, and ( ii ) to being treated, for the purpose specified in sub-paragraph (1) as the second parent of any resulting child; ( d ) B died before the embryo was placed in A; ( e ) immediately before B’s death, the agreed female parenthood conditions set out in paragraph 8 were met in relation to relevant fertility treatment services proposed to be provided to A; ( f ) A has elected, in writing not later than the end of the period of 21 days from the day on which the child was born, for B to be treated for the purpose specified in sub-paragraph (1) as the child’s second parent; and ( g ) no-one else is treated – ( i ) as the child’s father under paragraph 2 or 3, ( ii ) as the child’s second parent under paragraph 6, 7 or 9, or ( iii ) as the child’s parent by virtue of adoption or a parental order. 16 Woman not to be parent merely because of egg donation A woman is not to be treated for any purpose as the parent of a child whom she is not bearing and has not borne, unless she is treated as the child’s parent – ( a ) under paragraph 6, 7 or 9; ( b ) for the purpose specified under paragraph 14(1) or 15(1); or ( c ) by virtue of adoption or a parental order.”. Schedule 2 (Article 49) Schedule 1A inserted in the Civil Status Order “Schedule 1A (Article 51B) particulars to be recorded in the parental orders register 1. The number of the entry in the register 2. Surname of child 3. Forename of child 4. Sex of child 5. Date of birth 6. Place of birth (including in the case of a child born in Jersey, the parish) 7. Forename(s) and surname and birth surname if applicable of the first person named in the order as a person in whose favour the parental order is made 8. Occupation of the person named in item 7 9. Forename(s), surname and birth surname if applicable of the second person (if any) named in the order as a person in whose favour the parental order is made 10. Occupation of the person named in item 9 11. Date and place of the marriage or civil partnership (if any) of the persons named in items 7 and 9 12. Address of the persons named in items 7 and 9 13. Date of parental order 14. Date of registration 15. Name of the Superintendent Registrar”.