Children and Family Relationships Act 2015

35.

Information in respect of relevant donor to be provided to donor-conceived child

35. (1) A donor-conceived child who has attained the age of 18 years may request from the Minister the name, date of birth and contacts details of a relevant donor, as recorded in the Register.

(2) Where the Minister receives a request under subsection (1), he or she shall send to the relevant donor a notice informing him or her that—

(a) a request under subsection (1) has been made by the donor-conceived child, and

(b) the Minister shall, 12 weeks from the date on which the notice is sent, release to the donor-conceived child the information requested, unless the relevant donor makes representations to the Minister setting out why the safety of the relevant donor or the donor-conceived child, or both, requires that the information not be released.

(3) Where a relevant donor to whom subsection (2) applies makes representations to the Minister in accordance with that subsection, the Minister shall consider those representations, having regard to the right of the donor-conceived child to his or her identity, and—

(a) if satisfied that sufficient reasons exist to withhold the information concerned from the donor-conceived child, shall refuse the request under subsection (1) and notify the donor-conceived child of the refusal and, in doing so, may inform him or her of the content of the representations of the relevant donor under subsection (2), or

(b) if not so satisfied, shall release the information to the donor-conceived child concerned.

(4) Where a relevant donor to whom subsection (2) applies does not make representations in accordance with that subsection, the Minister shall release the information to the donor-conceived child concerned.

(5) A donor-conceived child may, within 21 days of receipt of the notification under subsection (3)(a), appeal to the Circuit Court against the Minister’s refusal of his or her request under subsection (1).

(6) An appeal under subsection (5) shall—

(a) be on notice to the Minister, and

(b) be heard otherwise than in public.