Children and Family Relationships Act 2015

6.

Consent to use of gamete in DAHR procedure

6. (1) A person consents under this section to the use in a DAHR procedure of a gamete provided by him or her where he or she—

(a) has attained the age of 18 years,

(b) has received the information referred to in section 7 , and

(c) makes a declaration in accordance with subsections (2) and (3).

(2) A declaration under subsection (1)(c) 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 the donation facility where the gamete is provided.

(3) A declaration under subsection (1)(c) shall be in such form as may be prescribed and shall include the following statements:

(a) that the person has received the information referred to in section 7 ;

(b) subject to subsection (4), that the person consents to the use in a DAHR procedure of the gamete provided by him or her;

(c) that, in the event that the gamete is used in a procedure referred to in paragraph (b), 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;

(d) that the person is aware that he or she shall not be the parent of any child born as a result of a procedure referred to in paragraph (b);

(e) that, in the event that a child is born as a result of a procedure referred to in paragraph (b), the person—

(i) consents to the recording on the Register of the information specified in section 33(3)(d) in respect of the person, and

(ii) understands that the child may, in accordance with section 35 , access the information referred to in sub paragraph (i) and seek to contact him or her.

(4) In making a statement referred to in subsection (3)(b), a person may state that his or her consent is restricted to the use of the gamete in a DAHR procedure performed on the request of—

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

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

(5) A person’s consent under this section to the use of his or her gamete in a DAHR procedure may not be restricted other than as provided for in subsection (4).