Children and Family Relationships Act 2015
Consent to use of embryo in further DAHR procedure | ||
16. (1) Where— | ||
(a) an embryo is formed for the purposes of a DAHR procedure, and | ||
(b) (i) in the case of a DAHR procedure to which section 25 (3)(b)(ii) applies, the intending parents do not wish for the embryo to be used in a DAHR procedure in respect of which they are the intending parents, or | ||
(ii) in the case of a DAHR procedure to which section 25 (3)(b)(i) applies, the intending mother does not wish for the embryo to be used in a DAHR procedure in respect of which she is the intending mother, | ||
a person referred to in paragraph (b) may consent, under this section, to the use of the embryo in a further DAHR procedure. | ||
(2) Subject to subsection (3), each intending parent referred to in subsection (1)(b)(i) may consent under this section to the use of the embryo in a DAHR procedure in respect of which neither of them is an intending parent. | ||
(3) An embryo referred to in subsection (2) may be used in a further DAHR procedure to which that subsection applies only where each intending parent has consented under that subsection. | ||
(4) An intending parent to whom subsection (1)(b)(i) applies, who is not the intending mother, may consent under this section to the use of the embryo in a DAHR procedure in respect of which— | ||
(a) the intending mother is the intending mother, and | ||
(b) he or she is not an intending parent. | ||
(5) A person consents under this section to the use of an embryo in a further DAHR procedure where he or she— | ||
(a) receives the information referred to in section 17 , and | ||
(b) makes a declaration in accordance with subsections (6) and (7). | ||
(6) A declaration under subsection (5)(b) 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 a DAHR facility. | ||
(7) A declaration under subsection (5)(b) shall include the following statements: | ||
(a) that the person has received the information referred to in section 17 ; | ||
(b) subject to subsection (8), that the person consents to the use in a further DAHR procedure of the embryo; | ||
(c) that the person is aware that he or she shall not be the parent of any child born as a result of a further DAHR procedure; | ||
(d) where the embryo was formed from a gamete provided by the person— | ||
(i) that, in the event that the embryo is used in a further DAHR procedure, 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, and | ||
(ii) that, in the event that a child is born as a result of a further DAHR procedure, the person— | ||
(I) consents to the recording in the Register of the information specified in section 33 (3)(d) in respect of him or her, and | ||
(II) understands that the child may, in accordance with section 35 , access the information referred to in clause (I), and seek to contact him or her. | ||
(8) In making a statement referred to in subsection (7)(b), a person may state that his or her consent is restricted to the use of the embryo in a further DAHR procedure performed on the request of— | ||
(a) an intending mother specified in the statement, where the further DAHR procedure concerned is one to which section 25 (3)(b)(i) applies, or | ||
(b) the intending parents specified in the statement, where the further DAHR procedure concerned is one to which section 25 (3)(b)(ii) applies. | ||
(9) A person’s consent under this section to the use of an embryo in a further DAHR procedure may not be restricted other than as provided for in subsection (8). | ||
(10) In this section “further DAHR procedure”, means a DAHR procedure to which subsection (2) or (4) applies. |