Children and Family Relationships Act 2015

9.

Consent of intending mother

9. (1) An intending mother consents under this section to the parentage, under subsection (1) or (2), as the case may be, of section 5 of a child born to her as a result of a DAHR procedure where, before that procedure is performed, she—

(a) has attained the age of 21 years,

(b) has received the information referred to in section 13 , and

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

(2) A declaration under subsection (1)(c) shall be made before the DAHR procedure is performed and shall be in writing, dated, and signed by the intending mother in the presence of a person authorised in that behalf by the operator of the DAHR facility where the DAHR procedure is to be performed.

(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 intending mother has received the information referred to in section 13 ;

(b) that, in the event that a DAHR procedure is performed, the intending mother—

(i) consents to the provision to the Minister of the information referred to in section 28(3)(b) in respect of her, and

(ii) agrees to comply with her obligations under section 27 ;

(c) that the intending mother is aware that—

(i) the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of any child born as a result of that procedure, and

(ii) she shall be the mother of such a child;

(d) where applicable, that the intending mother consents to her F5 [ spouse ], civil partner or cohabitant, as the case may be, being the parent under section 5(1)(b) of any child born as a result of the DAHR procedure;

(e) that, in the event that a child is born as a result of the DAHR procedure, the intending mother—

(i) consents to the recording on the Register of the information specified in section 33(3)(c) in respect of her,

(ii) consents to the recording on the Register of the information specified in paragraphs (a) and (b) of section 33(3) in respect of the child, and

(iii) understands that the child may, in accordance with section 35 , access the information specified in section 33(3)(d) in respect of a person who is, in relation to the child, a relevant donor and seek to contact him or her.

Annotations

Amendments:

F5

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