Health (Assisted Human Reproduction) Act 2024

Embryo donation for use in AHR treatment

30. (1) A former intending parent may, before the expiration of the relevant storage period (E), donate his or her supernumerary embryo to an AHR treatment provider, for use in the provision of AHR treatment, where—

(a) the section 19 consent of such parent to donate the supernumerary embryo is obtained separately from, and subsequent to, the completion of the AHR treatment referred to in the definition of “supernumerary embryo”,

(b) such parent is part of a couple of former intending parents, the other former intending parent also gives his or her section 19 consent to the donation separately from, and subsequent to, the completion of the AHR treatment referred to in the definition of “supernumerary embryo”, and

(c) the gametes used to create the embryo were provided by persons who had not attained the specified upper age limit (if any) at the time the gametes concerned were obtained by the provision of AHR treatment to those persons.

(2) Where a person has, before the establishment day, given consent under section 14 or 16 of the Act of 2015 to the use of the embryo concerned in a DAHR procedure or further DAHR procedure—

(a) the embryo shall, for all purposes, be treated as a donation of an embryo under subsection (1), 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 of the embryo, 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 embryo in the provision of AHR treatment, and the other provisions of this Act shall, with all necessary modifications, be construed accordingly.