Health (Assisted Human Reproduction) Act 2024

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Interpretation - general

2. (1) In this Act—

“Act of 2004” means the Civil Registration Act 2004 ;

“Act of 2007” means the Medical Practitioners Act 2007 ;

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;

“Act of 2014” means the Companies Act 2014 ;

“Act of 2015” means the Children and Family Relationships Act 2015 ;

“adult (AHR)” means a person born as a result of AHR treatment who has attained the age of 16 years;

“AHR” means assisted human reproduction;

“AHR counselling”—

(a) in relation to AHR treatment, other than AHR treatment to be provided pursuant to a surrogacy agreement attached to a section 53 application, means a service provided by an AHR counsellor under which he or she counsels a person regarding the potential social and psychological implications that may arise in the case of the person where that person, or another person with whom the first mentioned person is connected, is provided such treatment, or

(b) in relation to AHR treatment to be provided pursuant to a surrogacy agreement attached to a section 53 application, means a service provided by an AHR counsellor under which he or she—

(i) if the application involves two intending parents, counsels such parents regarding the potential social and psychological implications that may arise in the case of such agreement being approved under section 53 and, if applicable, such parents, or one of them, as the case may be, being provided such treatment,

(ii) if the application involves a single intending parent, counsels such parent regarding the potential social and psychological implications that may arise in the case of such agreement being approved under section 53 and, if applicable, such parent being provided such treatment, or

(iii) counsels the potential surrogate mother regarding the potential social and psychological implications that may arise in the case of such agreement being approved under section 53 and such mother being provided such treatment;

“AHR counsellor”, in relation to an AHR treatment, means a person who has the requisite skills and judgment to provide AHR counselling as regards such treatment;

“AHRRA” shall be construed in accordance with section 122 (1);

“AHR treatment” means assisted human reproduction treatment;

“AHR treatment facility”, in relation to an AHR treatment that the AHR treatment provider is authorised to provide by virtue of the licence held by the provider, means the premises specified in the licence at which the provider is authorised to provide such treatment;

“AHR treatment provider” means the holder of a licence authorising the holder to provide the AHR treatment the subject of the licence at the premises specified in the licence;

“animal” means an animal other than a human;

“applicant”, in relation to an application made under this Act, means the person who made the application;

“application”, in relation to an application made to the AHRRA, means an application in the specified form;

“assisted human reproduction treatment” means any treatment or procedure that involves the handling of gametes, embryos or tissues (including the storage thereof), or any combination thereof, for the purposes of establishing a pregnancy or enabling a pregnancy to be established, and includes—

(a) a DAHR procedure, and

(b) a further DAHR procedure;

“authorised officer” means a person appointed under section 171 (1) to be an authorised officer;

“capacity” has the meaning assigned to it by the Assisted Decision-Making (Capacity) Act 2015 ;

“child” means a person who has not attained the age of 18 years;

“child (AHR)” means a person born as a result of AHR treatment who has not attained the age of 16 years;

“civil partner” shall be construed in accordance with section 3 of the Act of 2010;

“cohabitant” shall be construed in accordance with section 172(1) of the Act of 2010;

“company” means—

(a) a company formed and registered under the Act of 2014, or

(b) an existing company within the meaning of that Act;

“court” shall be construed in accordance with section 5 (except in the case of subsection (2));

“created”, in relation to an embryo, includes formed;

“DAHR procedure” has the meaning assigned to it by the Act of 2015;

“disposed of”, in relation to a gamete, embryo or tissue (howsoever described in this Act), means the gamete, embryo or tissue is destroyed (by whatever means);

“donor-conceived child” has the meaning assigned to it by the Act of 2015;

“embryo” means a human embryo formed by the fertilisation of a human egg by a human sperm;

“embryo transfer” means the final procedure of an in vitro fertilisation process that consists of the transfer of one or more than one embryo into the womb of a woman;

“embryonic stem cell” means a stem cell, derived from the inner cell mass of a five to seven day-old embryo, which is self-renewing and pluripotent;

“enactment” has the same meaning as it has in the Interpretation Act 2005 ;

“ESC” means embryos and stem cells;

“ESC research” means—

(a) research involving embryos, or

(b) research involving the derivation, collection, storage or use of—

(i) embryonic stem cells or stem cell lines, or

(ii) induced pluripotent stem cells or stem cell lines;

“ESC research facility”, in relation to ESC research that an ESC researcher is authorised to undertake by virtue of the licence held by the researcher, means the premises specified in the licence at which the researcher may undertake such research;

“ESC researcher” means the holder of a licence authorising the holder to undertake the ESC research the subject of the licence at the premises specified in the licence;

“establishment day” means the day appointed under section 121 ;

“fit and proper”, in relation to a person, shall be construed in accordance with Schedule 1 ;

“further DAHR procedure” has the meaning assigned to it by the Act of 2015;

“gamete” means—

(a) a human sperm, which is formed in the body of and provided by a male, or

(b) a human egg, which is formed in the body of and provided by a female;

“induced pluripotent stem cell” means a somatic cell with a specialised function, such as a skin cell, that has been reprogrammed to be a pluripotent stem cell;

“intending parent”, in relation to AHR treatment, means a person who intends to become the parent of any child born as a result of such treatment or, in the case of such treatment provided to any other person (including a child), to safeguard that person’s possibility of becoming a person first-mentioned in this definition;

“legal practitioner” has the meaning assigned to it by the Legal Services Regulation Act 2015 ;

“licence” means a licence granted under section 155 (1);

“licence application” means an application under section 153 (1);

“local authority” means a local authority within the meaning of the Local Government Act 2001 ;

“medical specialist” means a registered medical practitioner whose name is entered in the Specialist Division of the register of medical practitioners maintained by the Medical Council under section 43(2)(b) of the Act of 2007;

“Minister” means the Minister for Health;

“National Donor-Conceived Person Register” means the register known by that name established and maintained under section 33 of the Act of 2015;

“National Surrogacy Register” means the register known by that name established and maintained under section 68 ;

“PAHR” means posthumous assisted human reproduction;

“parental order” means (other than in Part 8 or 12 ) an order granted by the court under section 66 (1)(a) for the transfer of the parentage of a child;

“person (D)”, in relation to a surviving partner, means the deceased person referred to in the definition of “surviving partner”;

“pluripotent stem cell” means a stem cell that can become all the cell types that are found in an implanted embryo, foetus or developed organism, but not the embryonic components of the trophoblast and placenta that are required to support development and birth;

“posthumous assisted human reproduction” means AHR treatment involving the use of the gametes of person (D), or of an embryo created by the use of such gametes, subsequent to the death of such person;

“premises” includes place;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“public body” means—

(a) a Department of State,

(b) a local authority,

(c) any other entity established by or under any enactment (other than the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), charter or any scheme administered by a Minister of the Government,

(d) a company a majority of the shares in which are held by or on behalf of a Minister of the Government,

(e) a subsidiary (within the meaning of the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act) of a company referred to in paragraph (d),

(f) an entity established or appointed by the Government or a Minister of the Government,

(g) any entity (other than one that falls within paragraph (e)) that is directly or indirectly controlled by an entity that falls within any of paragraphs (b) to (f),

(h) an entity on which any functions are conferred by or under any enactment (other than the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act) or charter, or

(i) a designated institution of higher education (within the meaning of the Higher Education Authority Act 2022 ) in receipt of public funding;

“pursuant to” includes for the purposes of;

“record” includes—

(a) a book or other written or printed material in any form (including in any electronic device or in machine readable form),

(b) a map, plan or drawing,

(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,

(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and

(e) a copy or part of any thing which falls within paragraph (a), (b), (c) or (d),

and a copy, in any form, of a record shall be deemed, for the purposes of this Act, to have been created at the same time as the record;

“registered medical practitioner” has the meaning assigned to it by the Act of 2007;

“Regulations of 2006” means the European Communities (Quality and Safety of Human Tissues and Cells) Regulations 2006 ( S.I. No. 158 of 2006 );

“relevant activity” means—

(a) the provision of AHR treatment, or

(b) the undertaking of ESC research;

“relevant donation (E)” means, as appropriate—

(a) a donation of supernumerary embryos made in accordance with—

(i) section 30 (1), or

(ii) the law of a jurisdiction other than the State,

for use in the provision of AHR treatment in accordance with this Act, or

(b) the supernumerary embryos the subject of such donation;

“relevant donation (ER)” means, as appropriate—

(a) a donation of supernumerary embryos made in accordance with—

(i) section 31 , or

(ii) the law of a jurisdiction other than the State,

for use in the undertaking of ESC research in accordance with this Act, or

(b) the supernumerary embryos the subject of such donation;

“relevant donation (G)” means, as appropriate—

(a) a donation of gametes made in accordance with—

(i) section 27 (1) or (2), or

(ii) the law of a jurisdiction other than the State,

for use in the provision of AHR treatment in accordance with this Act, or

(b) the gametes the subject of such donation;

“relevant donor (E)”, in relation to a relevant donation (E), means—

(a) subject to paragraph (b), the person who has made or proposes to make the donation, or

(b) if section 30 (1)(b) applies, the two persons who have made or propose to make the donation;

“relevant donor (ER)”, in relation to a relevant donation (ER), means—

(a) subject to paragraph (b), the person who has made or proposes to make the donation, or

(b) if section 31 (b) applies, the two persons who have made or propose to make the donation;

“relevant donor (G)”, in relation to a relevant donation (G), means the person who has made or proposes to make the donation;

“relevant storage (E)” means, as appropriate—

(a) the storage of embryos by the holder of a licence pursuant to the provisions of the licence, or

(b) the embryos the subject of such storage;

“relevant storage (G)” means, as appropriate—

(a) the storage of gametes by the holder of a licence pursuant to the provisions of the licence, or

(b) the gametes the subject of such storage;

“relevant storage (T)” means, as appropriate—

(a) the storage of tissues by the holder of a licence pursuant to the provisions of the licence, or

(b) the tissues the subject of such storage;

“relevant storage period (E)”, in relation to a relevant storage (E), means—

(a) if applicable, the shorter storage period (E) specified for such storage, or

(b) in any other case, the period specified in section 41 (1)(a)(ii)(I) or (II), as appropriate (including any such period as extended under section 41 (3)(a));

“relevant storage period (G)”, in relation to a relevant storage (G), means—

(a) if applicable, the shorter storage period (G) specified for such storage, or

(b) in any other case, the period specified in section 40 (1)(a)(ii)(I) or (II), as appropriate (including any such period as extended under section 40 (3)(a));

“relevant storage period (T)”, in relation to a relevant storage (T), means—

(a) if applicable, the shorter storage period (T) specified for such storage, or

(b) in any other case, the period specified in section 42 (1)(a)(ii)(I) or (II), as appropriate (including any such period as extended under section 42 (3)(a));

“relevant storer (E)”, in relation to a relevant storage (E), means the holder of the licence undertaking such storage;

“relevant storer (G)”, in relation to a relevant storage (G), means the holder of the licence undertaking such storage;

“relevant storer (T)”, in relation to a relevant storage (T), means the holder of the licence undertaking such storage;

“satisfied” means satisfied on reasonable grounds;

“ section 18 report” shall be construed in accordance with section 18 ;

“ section 19 consent” shall, subject to subsection (4), be construed in accordance with section 19 ;

“ section 53 application” shall be construed in accordance with section 53 (2);

“shorter storage period (E)”, in relation to a relevant storage (E), means the shorter period (if any) specified for such storage in a section 19 consent pursuant to section 19 (2)(d);

“shorter storage period (G)”, in relation to a relevant storage (G), means the shorter period (if any) specified for such storage in a section 19 consent pursuant to section 19 (2)(d);

“shorter storage period (T)”, in relation to a relevant storage (T), means the shorter period (if any) specified for such storage in a section 19 consent pursuant to section 19 (2)(d);

“specified”—

(a) in relation to a form, means specified under section 151 , and

(b) in relation to a fee, means specified in regulations made under section 168 ;

“specified upper age limit”, in relation to a type of AHR treatment, means the upper age limit specified for that type of AHR treatment in regulations made under section 12 ;

“spouse” means a partner to a marriage recognised at a given time by the law of the State as valid;

“stem cell” means an unspecified cell capable of perpetuating itself through cell division and having the potential to give rise to differentiated cells with specialised functions;

“stem cell line” means embryonic stem cells that can be maintained and grown in vitro and that display an immortal or indefinite life span;

“supernumerary embryo” means an embryo that was created and stored for use as part of a person’s AHR treatment but remains unused following the completion of that treatment;

“supernumerary gamete” means a gamete that was stored for use as part of a person’s AHR treatment but remains unused following the completion of that treatment;

“surrogacy” means an agreement between a woman and the intending parents (or, in the case of a single intending parent, that intending parent) under which the woman agrees to attempt to become pregnant, by the use of an egg other than her own, and, if successful, to transfer the parentage of any child born as a result of the pregnancy to the intending parents (or, in the case of a single intending parent, that intending parent);

“surrogacy agreement” means an agreement referred to in the definition of “surrogacy”;

“surrogate mother” means, subject to sections 55 (2) and 91 (2), a woman referred to in the definition of “surrogacy”;

“surviving partner” means the surviving female spouse, female civil partner or female cohabitant of a deceased person at the time of the person’s death;

“tissue” means—

(a) human testicular tissue which has been retrieved from the body of a male, or

(b) human ovarian tissue which has been retrieved from the body of a female.

(2) Where a provision of this Act confers a discretion on the AHRRA or any court to revoke or suspend a licence and the holder of the licence holds two or more licences, that discretion may be exercised so as to revoke or suspend, as the case may be, some or all of those licences as the AHRRA or the court, as the case may be, thinks fit in all the circumstances of the case, and the other provisions of this Act shall, with all necessary modifications, be construed accordingly.

(3) A reference in this Act to a licence includes a reference to—

(a) the relevant activity the subject of the licence, and

(b) the conditions attached, or deemed to be attached, to the licence by virtue of section 156 .

(4) A reference in this Act to a section 19 consent includes a reference to a replacement of that section 19 consent by another section 19 consent effected by a section 19 revocation and replacement as construed in accordance with section 19 (4).

(5) (a) A reference in this Act to a gamete (other than in section 27 (1)) includes a reference to a supernumerary gamete.

(b) A reference in this Act to an embryo (other than in section 29 (1)) includes a reference to a supernumerary embryo.

(6) Nothing in this Act shall be construed to prejudice the generality of the Assisted Decision-Making (Capacity) Act 2015 .