Health (Assisted Human Reproduction) Act 2024
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Application | ||
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8. (1) For the purposes of this Act, there shall not be more than two intending parents of a child born as a result of AHR treatment and, in the case of two intending parents, they shall be spouses, civil partners or cohabitants of one another. | ||
(2) Nothing in this Act shall be construed to prejudice the generality of any enactment or rule of law relating to consent to medical treatment. | ||
(3) For the purposes of this Act— | ||
(a) a gamete obtained by the provision of AHR treatment to a person where such person is an intending parent of any child that may be born as a result of the use of the gamete in any further AHR treatment is not a relevant donation (G) in the meanings assigned to the term in the definition of “relevant donation (G)”, and | ||
(b) an embryo created, by the provision of AHR treatment, from the gametes of two persons where such persons are the intending parents of any child that may be born as a result of the use of the embryo in any further AHR treatment is not a relevant donation (E) in the meanings assigned to the term in the definition of “relevant donation (E)”. | ||
(4) Subject to section 172 (6), nothing in this Act shall be construed to prejudice the operation of the Act of 2007 or the Act of 2015. | ||
(5) (a) Subject to paragraph (b), where section 19 (1)(b) or (c), 27 (3) or 30 (2) applies, the provisions of the Act of 2015 shall, in addition to the provisions of this Act, apply to the use in AHR treatment of the gamete or embryo concerned. | ||
(b) Where, but for this paragraph, there would be an irreconciliation between a provision of the Act of 2015 and a provision of this Act, that irreconciliation shall be decided in favour of the provision of the Act of 2015. | ||
(6) A reference in this Act to a surrogacy, not being a reference to a surrogacy in section 2 or 55 (2), Part 8 or 12 or the long title to this Act, does not include a reference to a surrogacy to which Part 8 or 12 applies. | ||
(7) A reference in this Act to a surrogate mother, not being a reference to a surrogate mother in section 2 or 55 (2) or Part 8 or 12 , does not include a reference to a surrogate mother in so far as she is a surrogate mother under a surrogacy to which Part 8 or 12 applies. |