S.I. No. 546/2019 - Children and Family Relationships Act 2015 (Certification) Regulations 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th November, 2019.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by section 41 of the Children and Family Relationships Act 2015 (No. 9 of 2015), hereby make the following regulations:

1. (1) These Regulations may be cited as the Children and Family Relationships Act 2015 (Certification) Regulations 2019.

(2) These Regulations shall come into operation on the 5^th day of May 2020.

2. In these Regulations, “Act of 2015” means the Children and Family Relationships Act 2015 (No. 9 of 2015).

3. The form of certification set out in the Schedule is prescribed for the purposes of section 27(5) of the Act of 2015.

SCHEDULE

Children and Family Relationships Act 2015

Certificate to be furnished to intending parent by the operator of a donor-assisted human reproduction (“DAHR”) facility for the purposes of section 27(5) of the Act of 2015

Furnished by [DAHR facility operator], [DAHR facility]

Please complete this form in BLOCK CAPITALS.

(1) (a) On (dd/mm/yyyy), a DAHR procedure was performed at the DAHR facility named above on the request of:

Name: ____________________________ (full name of intending mother)

of _________________________________________________________

(usual place of residence of above named intending mother).

OR

(b) On (dd/mm/yyyy), a DAHR procedure was performed at the DAHR facility named above on the request of:

Name:____________________________ (full name of intending mother)

of _________________________________________________________

(usual place of residence of above named intending mother)

and

Name:_____________________________ (full name of spouse / civil partner / cohabitant (delete as appropriate) of intending mother)

of _________________________________________________________

(usual place of residence of above named spouse / civil partner / cohabitant (delete as appropriate) of intending mother).

(2) In relation to the procedure referred to at (1) above (select as appropriate) -

(a) one gamete provided by a donor was used in the procedure and that gamete was -

(i) a human egg, □

or

(ii) a human sperm, □

OR

(b) each gamete used in the procedure was provided by a donor, □

OR

(c) an embryo provided by a donor was used in the procedure. □

(3) Select as appropriate:

(a) The gamete referred to at (2)(a) above that was provided by a donor was one to which -

(i) section 26(1) of the Act of 2015 applied, □

or

(ii) section 26(5) of the Act of 2015 applied, □

or

(iii) section 26(8)(b) (other than a gamete to which subsection (1) or (5) also applies) of the Act of 2015 applied. □

OR

(b) Each gamete referred to at (2)(b) above was provided by a donor and:

(i) where that gamete was a human egg -

(I) section 26(1) of the Act of 2015 applied, □

or

(II) section 26(5) of the Act of 2015 applied; □

and

(ii) where that gamete was a human sperm -

(I) section 26(1) of the Act of 2015 applied, □

or

(II) section 26(5) of the Act of 2015 applied. □

OR

(c) The embryo referred to at 2(c) above was one to which -

(i) section 26(2) of the Act of 2015 applied, □

or

(ii) section 26(6) of the Act of 2015 applied. □

(4) The intending mother, named above as _____________________, consented under section 9 of the Act of 2015 to the parentage under section 5 of the Act of 2015 of a child born as a result of the procedure.

(5) (where applicable) The spouse / civil partner / cohabitant (delete as appropriate) of the intending mother, named above as ________________, consented under section 11 of the Act of 2015 to being the parent of a child born as a result of the procedure.

Issued by the DAHR facility operator: _______________________________

Signature: ____________________________

Print name: ___________________________

Date: ________________________________

OR

Issued by: ____________________________

Authorised on behalf of DAHR facility operator

Signature: ____________________________

Print name: ___________________________

Date: ________________________________

GIVEN under my Official Seal,

4 November, 2019.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations may be cited as the Children and Family Relationships Act 2015 (Certification) Regulations 2019.

These Regulations provide for a certificate, as prescribed under section 27(5) of the Children and Family Relationships Act 2015 , to be provided to intending parents by the operator of a donor-assisted human reproduction (“DAHR”) facility.

These Regulations come into operation on 5 May 2020.