Children and Family Relationships Act 2015

16.

Consent to use of embryo in further DAHR procedure

16. (1) Where—

(a) an embryo is formed for the purposes of a DAHR procedure, and

(b) (i) in the case of a DAHR procedure to which section 25(3)(b)(ii) applies, the intending parents do not wish for the embryo to be used in a DAHR procedure in respect of which they are the intending parents, or

(ii) in the case of a DAHR procedure to which section 25(3)(b)(i) applies, the intending mother does not wish for the embryo to be used in a DAHR procedure in respect of which she is the intending mother,

a person referred to in paragraph (b) may consent, under this section, to the use of the embryo in a further DAHR procedure.

(2) Subject to subsection (3), each intending parent referred to in subsection (1)(b)(i) may consent under this section to the use of the embryo in a DAHR procedure in respect of which neither of them is an intending parent.

(3) An embryo referred to in subsection (2) may be used in a further DAHR procedure to which that subsection applies only where each intending parent has consented under that subsection.

(4) An intending parent to whom subsection (1)(b)(i) applies, who is not the intending mother, may consent under this section to the use of the embryo in a DAHR procedure in respect of which—

(a) the intending mother is the intending mother, and

(b) he or she is not an intending parent.

(5) A person consents under this section to the use of an embryo in a further DAHR procedure where he or she—

(a) receives the information referred to in section 17 , and

(b) makes a declaration in accordance with subsections (6) and (7).

(6) A declaration under subsection (5)(b) shall be made before the donation is made and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of a DAHR facility.

(7) A declaration under subsection (5)(b) shall include the following statements:

(a) that the person has received the information referred to in section 17 ;

(b) subject to subsection (8), that the person consents to the use in a further DAHR procedure of the embryo;

(c) that the person is aware that he or she shall not be the parent of any child born as a result of a further DAHR procedure;

(d) where the embryo was formed from a gamete provided by the person—

(i) that, in the event that the embryo is used in a further DAHR procedure, the person consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her, and

(ii) that, in the event that a child is born as a result of a further DAHR procedure, the person—

(I) consents to the recording in the Register of the information specified in section 33(3)(d) in respect of him or her, and

(II) understands that the child may, in accordance with section 35 , access the information referred to in clause (I), and seek to contact him or her.

(8) In making a statement referred to in subsection (7)(b), a person may state that his or her consent is restricted to the use of the embryo in a further DAHR procedure performed on the request of—

(a) an intending mother specified in the statement, where the further DAHR procedure concerned is one to which section 25(3)(b)(i) applies, or

(b) the intending parents specified in the statement, where the further DAHR procedure concerned is one to which section 25(3)(b)(ii) applies.

(9) A person’s consent under this section to the use of an embryo in a further DAHR procedure may not be restricted other than as provided for in subsection (8).

(10) In this section “further DAHR procedure”, means a DAHR procedure to which subsection (2) or (4) applies.