Children and Family Relationships Act 2015

20.

Child to whom this section applies

20. (1) This section applies to a child where—

(a) the child was born in the State,

(b) the child was born as a result of a DAHR procedure that was performed before the date on which this section comes into operation that—

(i) was performed in the State, or

(ii) was performed outside the State, where the person who performed the procedure was authorised to do so under the law of the place where the procedure was performed,

(c) at the time when the DAHR procedure referred to in paragraph (b) was performed, a person was an intending parent of the child and was the only intending parent of the child,

(d) at the time referred to in paragraph (c) the person, other than the mother of the child, who provided a gamete that was used in the DAHR procedure—

(i) was unknown to the mother of the child and the person referred to in paragraph (c), and

(ii) was not an intending parent of the child,

(e) at the time of an application under section 21 or 22 , as the case may be, the person referred to in paragraph (d) remains unknown to the mother of the child and the person referred to in paragraph (c), and

(f) the mother of the child is recorded as the mother of the child in a register of births and no person, or no person other than the person referred to in paragraph (c), is recorded in that register as the child’s father or parent.

(2) In this section and sections 21 to 23

“DAHR procedure” includes a DAHR procedure that is performed outside the State;

“intending parent” means, in relation to a child who is born as a result of a DAHR procedure, a person, other than the intending mother of the child who, at the time the DAHR procedure is performed, was aware of the performance of the procedure and undertook to care for, and exercise responsibilities towards, any child born as a result of the procedure, as if he or she were the parent of the child;

“register of births”, means a register of births maintained by An tArd-Chláraitheoir under section 13(1)(a) of the Civil Registration Act 2004, as amended, or under the repealed enactments (within the meaning of that Act).