Health (Assisted Human Reproduction) Act 2024

Limits on use of relevant donation (G) and relevant donation (E)

33. (1) (a) Subject to sections 20 (2)(c) and 21 (2)(c), paragraph (b) and subsection (2), an AHR treatment provider shall not use—

(i) one or more than one relevant donation (G) (including an embryo created from the donation) from the same relevant donor (G) in providing AHR treatment if to do so may result in children being born to more than four families from such donation, or

(ii) one or more than one relevant donation (E) from the same relevant donor (E) in providing AHR treatment if to do so may result in children being born to more than four families from such donation.

(b) Subject to sections 20 (2)(c) and 21 (2)(c) and subsection (2), where AHR treatment by an AHR treatment provider involves the use of—

(i) one or more than one relevant donation (G) from the same relevant donor (G) who is a man, and

(ii) one or more than one relevant donation (G) from the same relevant donor (G) who is a woman,

the provider shall not use that combination of donations (including an embryo created from such combination) in providing AHR treatment if to do so may result in children being born to more than four families from such combination.

(2) Subsection (1) shall not be construed to prevent an AHR treatment provider from providing AHR treatment to a person for the purpose of producing one or more than one sibling to a child of a family which is one of the four families referred to in subsection (1)(a) or (b).

(3) An AHR treatment provider shall not provide AHR treatment to a person which, as part of the same procedure, involves—

(a) the use of sperm from more than one male,

(b) the use of eggs from more than one female, or

(c) the use of two or more embryos (whether the embryos are created from relevant donations (G) or are relevant donations (E)) where the gametes creating the embryos were not provided by the same persons.

(4) (a) Subject to Part 5 , where a relevant donor (G) has died and an AHR treatment provider receives notice in writing of such death, the provider shall not, on and after the receipt of such notice, use the relevant donation (G) (including any embryo created from such donation) in providing AHR treatment.

(b) Subject to Part 5 , where a relevant donor (E) has died and an AHR treatment provider receives notice in writing of such death, the provider shall not, on and after the receipt of such notice, use the relevant donation (E) in providing AHR treatment.