Health (Assisted Human Reproduction) Act 2024
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Provisions supplementary to section 19 - relevant donation (E) and relevant donation (ER) | ||
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21. (1) This section applies without prejudice to the generality of section 151 . | ||
(2) Subject to subsection (4), the specified form of a section 19 consent shall, in the case of a relevant donation (E), require the relevant donor (E) to— | ||
(a) confirm that consent under section 14 or 16, as appropriate, of the Act of 2015 has been given by him or her as regards such donation, | ||
(b) specify the AHR treatment for which the relevant donation (E) may be used, | ||
(c) specify that he or she has been given the opportunity to reduce the number of families referred to in section 33 in the case of the relevant donation (E) and— | ||
(i) has so reduced that number, or | ||
(ii) has declined that opportunity, | ||
and | ||
(d) state whether or not he or she consents to the relevant donation (E) being used— | ||
(i) by an AHR treatment provider, other than the AHR treatment provider to whom the relevant donation (E) is proposed to be made, in providing AHR treatment to a person, or | ||
(ii) by a person who is the equivalent, in another jurisdiction, of an AHR treatment provider (and noting that the law in that other jurisdiction relating to AHR treatment may not be the same as the law in the State on AHR treatment) in providing AHR treatment to a person. | ||
(3) Subject to subsection (5), the specified form of a section 19 consent shall, in the case of a relevant donation (ER), require the relevant donor (ER) to— | ||
(a) confirm that he or she has received the AHR information document concerned, | ||
(b) specify that he or she has been given the opportunity to select the types of ESC research that the relevant donation (ER) may be used for and— | ||
(i) has so selected the types, or | ||
(ii) has declined that opportunity, | ||
and | ||
(c) state whether or not he or she consents to the relevant donation (ER) being used— | ||
(i) for research in an ESC research facility in the State other than the ESC research facility at which the donation is proposed to be made, or | ||
(ii) for research in a research facility in another jurisdiction (and noting that the law in that jurisdiction relating to ESC research may not be the same as the law in the State relating to ESC research). | ||
(4) (a) Subject to paragraphs (b) and (c), where section 30 (1)(b) applies and there is any disagreement between the section 19 consents of the two relevant donors (E), the provisions of those consents the subject of that disagreement shall not, to the extent of that disagreement, be treated as part of those consents. | ||
(b) Subject to paragraph (c), where the disagreement referred to in paragraph (a) relates to subsection (2)(c), the lower of the numbers concerned shall be treated as part of the section 19 consents and the higher of those numbers shall not be treated as part of those consents. | ||
(c) An AHR treatment provider may reject a relevant donation (E) on the ground of there being one or more than one disagreement referred to in paragraph (a). | ||
(5) (a) Subject to paragraph (b), where section 31 (b) applies and there is any disagreement between the section 19 consents of the two relevant donors (ER), the provisions of those consents the subject of the disagreement shall not, to the extent of that disagreement, be treated as part of those consents. | ||
(b) An ESC researcher may reject a relevant donation (ER) on the ground of there being one or more than one disagreement referred to in paragraph (a). |