Next-of-Kin (Rights and Responsibilities) Bill

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introduce a Legal Mechanism for Next-of-Kin Recognition Beyond Marriage or Civil Partnership, and for connected purposes.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Section One - Definitions

In this Act:

(1) "Next-of-Kin" refers to a person who has a close personal relationship with another individual, irrespective of marriage or civil partnership.

(2) "Designated Next-of-Kin" refers to a person nominated by an individual to act as their Next-of-Kin for legal and medical purposes.

Section Two - Recognition of Next-of-Kin

(1) The law shall recognise the status of "Next-of-Kin" beyond the bounds of marriage or civil partnership.

(2) An individual shall have the right to nominate a Designated Next-of-Kin in writing, witnessed and signed by a third party who is an adult of sound mind, to be considered as their Next-of-Kin for legal and medical purposes.

Section Three - Responsibilities of Designated Next-of-Kin

(1) A Designated Next-of-Kin shall have the following responsibilities and rights in relation to the individual who nominated them:

(a) The right to be informed of any medical emergencies or significant health issues affecting the individual.

(b) The right to be consulted on any critical decisions regarding the individual's health or welfare, where the individual is unable to provide consent themselves.

(c) The right to have access to relevant medical records and information pertaining to the individual's health and treatment.

(d) The right to represent the individual in legal matters related to their personal welfare, excluding any matters related to the individual's financial affairs or property.

(e) The duty to act in the individual's best interests, exercising care and diligence when making decisions on their behalf.

(f) The responsibility to respect and uphold the individual's wishes, values, and cultural beliefs to the best of their ability.

(2) Public authorities and medical institutions shall recognise the authority of the Designated Next-of-Kin in matters specified in subsection (1) unless there is evidence of coercion, fraud, or any other form of undue influence.

Section Four - Revocation and Updating of Designated Next-of-Kin

(1) An individual may revoke or update their Designated Next-of-Kin by providing a signed and witnessed written notice to the relevant authorities and institutions that hold their records.

(2) The revocation or updating of the Designated Next-of-Kin shall be effective upon receipt of the written notice.

Section Five - Existing Arrangements

(3) Any existing legal mechanisms for recognising Next-of-Kin rights in cases of marriage or civil partnership shall remain unaffected by this Act.

Section Six - Commencement, Short Title, and Extent

(1) This Act shall come into force one month after receiving Royal Assent.

(2) This Act may be cited as the Next-of-Kin (Rights and Responsibilities) Act 2023.

(3) This Act extends to the United Kingdom.

This Bill was written by the Chancellor of the Exchequer, His Grace the Most Honourable Sir /u/Sephronar KG GBE KCT LVO PC MP MSP FRS, the 1st Duke of Hampshire, 1st Marquess of St Ives, 1st Earl of St Erth, 1st Baron of Truro and The Right Honourable Baron of Leominster Sir /u/FPSLover1 KP PC, Secretary of State for Family Affairs, Youth, and Equalities on behalf of His Majesty’s 33rd Government.

Opening Speech:

Deputy Speaker,

This proposed Bill is an important step towards recognising the value of interpersonal connections outside of marriage or civil partnerships and providing people the freedom to choose who would take care of them or speak on their behalf.

The reality of people's lives must be reflected in our legal system since we live in a varied and dynamic society. The wide range of interpersonal interactions that exist today are no longer fully represented by traditional ideas of family structures. This Bill recognises that the relationships between friends, companions, and those who are like family to us and that love, care, and commitment are not restricted by formal ceremonies.

This Government affirms the inherent dignity and value of every person by establishing a legal framework to recognise Next-of-Kin status outside of marriage or a civil partnership.

We acknowledge that all interpersonal connections have value and should be protected, regardless of their formality under the law. This Bill will provide people the power to use their judgement to name a reliable individual as their Next-of-Kin. To ensure the safety of their loved one, this designated Next-of-Kin will be given particular rights and obligations. The chosen Next-of-Kin will serve as a significant advocate for the interests of the person, from being notified about medical emergencies to having a role in important decisions involving their wellbeing.

The measure also guarantees that, unless there are valid worries about undue influence or pressure, public agencies and medical institutions recognise the authority of the designated Next-of-Kin. This safeguard makes sure that people's desires and beliefs are upheld even in circumstances when they are unable to express their choices. In our opinion, this Bill strikes a reasonable compromise between individual freedom and public safety. It protects against any potential misuse of this designation while respecting the individual's right to select their Next-of-Kin.

The measure also contains procedures for revoking and modifying the named Next-of-Kin. This feature gives people the freedom to modify their classification as the Next-of-Kin in light of shifting connections and situations.

I want to take this opportunity to stress that we must not forget the enormous contributions made by many people who are not legally married or in civil unions to our society. They could take care of ageing parents, help friends going through difficult times emotionally, or stick by spouses no matter what. This measure recognises their effort and makes sure that their obligations are formally acknowledged and upheld.

I really hope that every Member will vote in favour of this Bill - doing so would demonstrate to the world that we embrace inclusion, equality, and compassion.

This Government wishes to establish a legal system that adequately safeguards every person, regardless of their legal status, and reflects the diversity of our relationships.

This division will end on Friday 4th August at 10pm BST.