Health (Assisted Human Reproduction) Act 2024
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Consent | ||
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19. (1) Subject to subsections (2) to (8) and section 25 , an AHR treatment provider shall not provide AHR treatment to a person unless— | ||
(a) consent in the specified form (in this Act referred to as a “ section 19 consent”) to the provision of such treatment (including every stage of such treatment) has been given by— | ||
(i) the person, and | ||
(ii) each relevant person, | ||
(b) in the case of such treatment involving the use of a gamete in a DAHR procedure provided on or after the establishment day, consent to such use has been given under section 6 or 26(1)(b)(ii), as appropriate, of the Act of 2015, and | ||
(c) in the case of such treatment involving the use of an embryo in a DAHR procedure or further DAHR procedure provided on or after the establishment day, consent to such use has been given under section 14, 16 or 26(2)(b)(ii), as appropriate, of the Act of 2015. | ||
(2) Without prejudice to the generality of section 151 , an intending parent’s section 19 consent shall— | ||
(a) specify that each intending parent (or, in the case of a single intending parent, that intending parent) has provided his or her consent to the AHR treatment specified in the section 19 consent, | ||
(b) (i) not have been revoked when the AHR treatment is provided, and | ||
(ii) where the section 19 consent has been revoked and replaced in accordance with this section (whether once or more than once), specify that the AHR treatment is provided in accordance with the last such replacement of such consent, | ||
(c) specify the action to be taken in relation to a relevant storage (G), relevant storage (E) or relevant storage (T) if an intending parent dies or subsequently lacks capacity to make a decision in that regard where— | ||
(i) the gametes concerned are their gametes, | ||
(ii) the embryos concerned were created from their gametes or the gamete from one of them, | ||
(iii) the embryos concerned were created for use in the provision of AHR treatment to one of the intending parents (or, in the case of a single intending parent, that intending parent), or | ||
(iv) the tissues concerned are their tissues, | ||
(d) specify that each intending parent (or, in the case of a single intending parent, that intending parent) may, in relation to a relevant storage (G), relevant storage (E) or relevant storage (T), specify in his or her section 19 consent a shorter storage period than the period referred to in paragraph (b) of the definition of “relevant storage period (G)”, paragraph (b) of the definition of “relevant storage period (E)” or paragraph (b) of the definition of “relevant storage period (T)”, as appropriate, where— | ||
(i) the gametes concerned are their gametes, | ||
(ii) the embryos concerned were created from their gametes or the gametes from one of them, | ||
(iii) the embryos concerned were created for use in the provision of AHR treatment to one of the intending parents (or, in the case of a single intending parent, that intending parent), or | ||
(iv) the tissues concerned are their tissues, | ||
(e) in the case of two intending parents, specify what to do in the event of post factum differences of opinion or where changes of circumstances occur, and | ||
(f) be sought again if two or more years have elapsed from the giving of the section 19 consent (including any section 19 consent which arises from the operation of this paragraph) without the provider having provided the AHR treatment the subject of the consent. | ||
(3) A person’s section 19 consent shall not be considered valid unless— | ||
(a) it was given voluntarily, | ||
(b) the person had the capacity to give such consent at the time it was given, and | ||
(c) section 18 has been complied with. | ||
(4) (a) Subject to paragraph (b) and subsections (5) to (8), a person who has given a section 19 consent may, while he or she has the capacity to do so, revoke in the specified form (in this section referred to as a “ section 19 revocation”), or revoke and replace in the specified form (in this section referred to as a “ section 19 revocation and replacement”), his or her section 19 consent before the AHR treatment the subject of the consent has been provided. | ||
(b) A section 19 revocation, or section 19 revocation and replacement, by a person of his or her section 19 consent does not take effect until the person gives the revocation, or revocation and replacement, as the case may be, to the AHR treatment provider concerned. | ||
(c) Where section 27 (3) applies in the case of a relevant donation (G), the section 19 revocation of the section 19 consent for the use of such donation in the provision of AHR treatment shall be accompanied by a revocation under section 8 of the Act of 2015 of the consent under section 6 of that Act on which such section 19 consent is founded by virtue of section 27 (3)(c). | ||
(d) Where section 30 (2) applies in the case of a relevant donation (E), the section 19 revocation of the section 19 consent for the use of such donation in the provision of AHR treatment shall be accompanied by a revocation under section 18 of the Act of 2015 of the consent under section 14 or 16, as appropriate, of that Act on which such section 19 consent is founded by virtue of section 30 (2)(c). | ||
(5) (a) The surrogate mother or intending parent may, while he or she has the capacity to do so, effect a section 19 revocation, or section 19 revocation and replacement, at any stage prior to the transfer of the embryo pursuant to the surrogacy agreement. | ||
(b) Where a relevant donation (G) is to be used to create the embryo to be transferred pursuant to the surrogacy agreement, the relevant donor (G) may, while he or she has the capacity to do so, effect a section 19 revocation, or section 19 revocation and replacement, at any stage before the formation of the embryo. | ||
(6) Where a relevant donation (ER) is to be used in the undertaking of ESC research, the relevant donor (ER) may, while he or she has the capacity to do so, effect a section 19 revocation, or section 19 revocation and replacement, at any time before the relevant donation (ER) is so used. | ||
(7) (a) Where section 30 (1)(b) applies and only one of the two relevant donors (E) effects a section 19 revocation, the unused relevant donation (E) concerned shall not be used to provide AHR treatment to a person. | ||
(b) Where section 31 (b) applies and only one of the two relevant donors (ER) effects a section 19 revocation referred to in subsection (6), the unused relevant donation (ER) referred to in that subsection shall not be used for ESC research. | ||
(c) Where section 30 (1)(b) applies and only one of the two relevant donors (E) effects a section 19 revocation and replacement, section 21 (4) shall, with all necessary modifications, apply to that section 19 revocation and replacement and the section 19 consent of the other relevant donor (E). | ||
(d) Where section 31 (b) applies and both relevant donors (E) effect a section 19 revocation and replacement but there is a disagreement between the provisions of the two section 19 revocation and replacements, section 21 (4) shall, with all necessary modification, apply to the section 19 revocation and replacements. | ||
(e) Where section 31 (b) applies and only one of the two relevant donors (ER) effects a section 19 revocation and replacement referred to in subsection (6), section 21 (5) shall, with all necessary modifications, apply to that section 19 revocation and replacement and the section 19 consent of the other relevant donor (ER). | ||
(f) Where section 31 (b) applies and both relevant donors (ER) effect a section 19 revocation and replacement referred to in subsection (6) but there is a disagreement between the provisions of the two section 19 revocation and replacements, section 21 (5) shall, with all necessary modifications, apply to the section 19 revocation and replacements. | ||
(8) Nothing in this section shall be construed to prevent a person (howsoever described) effecting a section 19 revocation from making, as regards any unused gametes or embryos (howsoever described) referred to in this section that the section 19 revocation relates to and in accordance with this Act, a relevant donation (G), a relevant donation (E) or relevant donation (ER), as appropriate, of such gametes or embryos. | ||
(9) Without prejudice to the generality of sections 40 (3), 41 (3) and 42 (3), it is hereby declared that subsection (2) as read with subsection (4)(a) shall not be construed to enable— | ||
(a) any combination of shorter storage periods (G) applicable to the same relevant storage (G) to exceed, in total, the period specified in paragraph (b) of the definition of “relevant storage period (G)”, | ||
(b) any combination of shorter storage periods (E) applicable to the same relevant storage (E) to exceed, in total, the period specified in paragraph (b) of the definition of “relevant storage period (E)”, or | ||
(c) any combination of shorter storage periods (T) applicable to the same relevant storage period (T) to exceed, in total, the period specified in paragraph (b) of the definition of “relevant storage period (T)”. | ||
(10) The AHR treatment provider shall— | ||
(a) retain the original of each section 19 consent, section 19 revocation, and section 19 revocation and replacement, given to the provider under this section, and | ||
(b) ensure that a copy of each section 19 consent, section 19 revocation, and section 19 revocation and replacement, is given to the person who effected the section 19 consent, section 19 revocation, or section 19 revocation and replacement, as the case may be. | ||
(11) 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). |