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

(a) the child was born in the State,

F10[(b) the child was born as a result of a DAHR procedure that was performed before the date on which this section came into operation that—

(i) was performed in the State, or

(ii) both—

(I) was performed outside the State, and

(II) where it was performed in a DAHR facility outside the State, was performed by a person 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,

F10[(d) subject to paragraph (g), at the time referred to in paragraph (c), the donor 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 F10[paragraph (c),]

(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 F10[parent,]

F11[(g) subject to paragraphs (h) and (i), where the donor who provided a gamete that was used in the DAHR procedure was known to the mother of the child and the person referred to in paragraph (c), the donor consents to the making of the declaration concerned under section 21 or 22 and, by virtue of giving such consent, confirms that he or she understands that, under the law of the State, he or she—

(i) is not a parent of the child, and

(ii) has no parental rights or duties in respect of the child,

(h) a consent referred to in paragraph (g) given by the donor is given—

(i) voluntarily, and

(ii) subject to provisions of the Assisted Decision-Making (Capacity) Act 2015, when he or she had the capacity (within the meaning of that Act) to do so, and

(i) the District Court or Circuit Court, as appropriate, may waive the requirement under paragraph (g) of consent from the donor referred to in that paragraph if he or she—

(i) is deceased, or

(ii) cannot be located after reasonable efforts have been made to find him or her.]

(2) In this section and sections 21 to 23 —

F10["DAHR procedure" includes a DAHR procedure performed—

(a) other than in a DAHR facility,

(b) outside the State, or

(c) other than in a DAHR facility and outside the State;

"donor means a person who provided a gamete for a DAHR procedure, other than the mother or intending parent of the child born as a result of such procedure;]

“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).