Children and Family Relationships Act 2015

5.

Parentage of child born as a result of DAHR procedure

5. (1) The parents of a donor-conceived child who is born as a result of a DAHR procedure to which subsection (8) applies are—

(a) the mother, and

(b) the F1 [ spouse ], civil partner or cohabitant, as the case may be, of the mother.

(2) Where a donor-conceived child is born as a result of a DAHR procedure, other than a DAHR procedure to which subsection (8) applies, the mother alone shall be the parent of that child.

(3) Where a person is, under subsection (1) or (2), the parent of a child, he or she shall have all parental rights and duties in respect of the child.

(4) In deducing any relationship for the purposes of any enactment, the relationship between every donor-conceived child and his or her parent or parents shall be determined in accordance with this section and all other relationships shall be determined accordingly.

(5) A donor of a gamete that is used in a DAHR procedure—

(a) is not the parent of a child born as a result of that procedure, and

(b) has no parental rights or duties in respect of the child.

(6) A donor of an embryo that is used in a DAHR procedure—

(a) is not the parent of a child born as a result of that procedure, and

(b) has no parental rights or duties in respect of the child.

(7) On and after the coming into operation of this section, a reference in any enactment to—

(a) a mother or parent of a child shall be construed as not including a woman who is the donor of a gamete or embryo that was used in a DAHR procedure that resulted in the birth of the child, and

(b) a father or parent of a child shall be construed as not including a man who is the donor of a gamete or embryo that was used in a DAHR procedure that resulted in the birth of the child.

(8) This subsection applies to a DAHR procedure in relation to which—

(a) the intending mother has consented under section 9 to the parentage under subsection (1) of the child born as a result of the procedure, where her declaration under section 9(1)(c) includes a statement referred to in section 9(3)(d) in respect of her F1 [ spouse ], civil partner or cohabitant, as the case may be, and

(b) the F1 [ spouse ], civil partner or cohabitant of the intending mother referred to in paragraph (a) has consented under section 11 to the parentage under subsection (1) of the child referred to in that paragraph.

Annotations:

Amendments:

F1

Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 23(a), S.I. No. 504 of 2015.