Health (Assisted Human Reproduction) Act 2024

PART 3

Gamete and Embryo Donation for use in AHR Treatment and Embryo Donation for use in ESC Research

Gamete donation for use in AHR treatment

27. (1) A person may donate his or her gametes to an AHR treatment provider, for use in the provision of AHR treatment, if the person has not attained the specified upper age limit (if any) at the time of such donation.

(2) A person may, before the expiration of the relevant storage period (G), donate his or her supernumerary gametes to an AHR treatment provider, for use in the provision of AHR treatment, where—

(a) the section 19 consent to donate the gametes is given separately from, and subsequent to, the completion of the AHR treatment referred to in the definition of “supernumerary gamete”, and

(b) the person has not attained the specified upper age limit (if any) at the time the gamete concerned was obtained by the provision of AHR treatment to that person.

(3) Where a person has, before the establishment day, given consent under section 6 of the Act of 2015 to the use in a DAHR procedure of a gamete provided by him or her—

(a) the gamete shall, for all purposes, be treated as a donation of a gamete under subsection (1) or (2), as appropriate, and the other provisions of this Act shall, with all necessary modifications, be construed accordingly,

(b) the person shall, for all purposes, be treated as the donor under this section of the gamete, and the other provisions of this Act shall, with all necessary modifications, be construed accordingly, and

(c) that consent shall, for all purposes, be treated as the section 19 consent of the person as to the use of the gamete in the provision of AHR treatment, and the other provisions of this Act shall, with all necessary modifications, be construed accordingly.