Health (Assisted Human Reproduction) Act 2024

AHR counselling

18. (1) (a) An AHR treatment provider shall not provide relevant AHR treatment to a person seeking such treatment unless the provider is satisfied that the person and the relevant person have received AHR counselling in relation to such treatment.

(b) In paragraph (a), “relevant AHR treatment” means AHR treatment—

(i) involving the making or the use of—

(I) a relevant donation (E), or

(II) a relevant donation (G),

(ii) involving the provision of PAHR, or

(iii) involving surrogacy.

(2) (a) An AHR treatment provider shall inform any person seeking AHR treatment (not being relevant AHR treatment within the meaning of subsection (1)) that the person may, if he or she so wishes, receive AHR counselling as regards such treatment.

(b) The information referred to in paragraph (a) shall be in the specified form.

(3) Where an AHR counsellor is providing AHR counselling to two intending parents, he or she shall offer the counselling to the parents individually, together as a couple, or both.

(4) The AHR counsellor shall, as soon as is practicable after he or she has completed the AHR counselling of a person who is seeking to be a surrogate mother, make a report in the specified form (in this Act referred to as a “ section 18 report”) as regards such counselling and give a copy of the report to the AHR treatment provider.

(5) (a) The AHR counsellor shall keep the original of the section 18 report for not less than 30 years.

(b) The AHR treatment provider shall keep the copy of the section 18 report for not less than 30 years.

(6) (a) Subject to paragraph (b), an AHR treatment provider shall not be, or hold out to be, an AHR counsellor.

(b) Paragraph (a) shall not be construed to prevent the AHR treatment provider from having an AHR counsellor as a member of the provider’s staff.

(7) In this section, “relevant person”, in relation to a person seeking AHR treatment, means, if such person is an intending parent, the other intending parent (if any).