Children and Family Relationships Act 2015

26.

Use of gamete or embryo in DAHR procedure

26. (1) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor unless—

(a) the gamete has been acquired in accordance with section 24(1) , and

(b) the donor of that gamete—

(i) has consented under section 6 to the use of the gamete in a DAHR procedure, or

(ii) where the gamete is acquired from outside the State, has consented to the use of the gamete in a DAHR procedure, where that consent is substantially the same as that provided for in section 6 .

(2) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure or a further DAHR procedure an embryo unless—

(a) it has acquired the embryo in accordance with section 24(2) , and

(b) the donor, or as the case may be, each donor of the embryo—

(i) has consented under section 14 or 16 , to the use of the embryo in a DAHR procedure or, as the case may be, a further DAHR procedure, or

(ii) where the embryo is acquired from outside the State, has consented to the use of the embryo in a DAHR procedure or a further DAHR procedure, where that consent is substantially the same as that provided for in section 14 or, as the case may be, section 16 .

(3) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor, where he or she has become aware that—

(a) the consent of the donor under section 6 has been revoked under section 8 , or

(b) in the case of a gamete to which subsection (1)(b)(ii) or (5) applies, the consent of the donor referred to in that subsection has been revoked.

(4) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure or a further DAHR procedure an embryo where he or she has become aware that—

(a) the consent of the donor under section 14 or, as the case may be, section 16 , has been revoked under section 18 , or

(b) in the case of an embryo to which subsection (2)(b)(ii) or (6) applies, the consent of the donor referred to in that subsection has been revoked.

(5) Notwithstanding subsection (1), for a period of 3 years from the date on which that subsection comes into operation, a gamete to which paragraph (a) of that subsection does not apply may be used in a DAHR procedure where—

(a) the gamete concerned has been acquired before that date by the DAHR facility concerned,

(b) the donor of the gamete has consented to the use of the gamete in a DAHR procedure, and

(c) the intending parent is the parent of a child born as a result of a DAHR procedure performed before that date, where the gamete used in that procedure was provided by the same donor.

(6) Subsection (2)(a) shall not apply to an embryo where—

(a) the embryo was formed before the date on which the subsection comes into operation,

(b) the embryo was acquired by the DAHR facility before that date, and

(c) the donor or, as the case may be, each donor of the embryo has consented to the use of the embryo in a DAHR procedure or a further DAHR procedure.

(7) Where an embryo to which subsection (6) applies is used in a DAHR procedure or a further DAHR procedure, nothing in this section shall operate to prevent the recording on the Register of the information specified in section 33(3)(d) in respect of the donor from whose gamete the embryo was formed.

(8) The operator of a DAHR facility may use or permit to be used in a DAHR procedure an embryo that was formed before the date on which this subsection comes into operation, where—

(a) the embryo has been formed for the purposes of the DAHR procedure,

(b) the donor of the gamete that was used in the formation of the embryo has consented to the use of the gamete in a DAHR procedure, and

(c) each person who, at the time of the formation of the embryo, was an intending parent, has consented under section 9 , or as the case may be, section 11 , to the parentage under section 5 of a child born as a result of the procedure.