Health (Assisted Human Reproduction) Act 2024
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PART 4 Storage of Gametes, Embryos and Tissues | ||
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AHR treatment provided to certain children | ||
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39. (1) An AHR treatment provider may provide AHR treatment to a child for the purposes of obtaining the child’s gametes for a relevant storage (G) or the child’s tissues for a relevant storage (T) where— | ||
(a) an appropriate medical specialist has stated in the specified form that such child is due to undergo medical treatment which, in the opinion of the specialist— | ||
(i) is likely to cause a significant and irreversible impairment to the child’s fertility, and | ||
(ii) such storage is in the child’s best interests, including, without prejudice to the generality of the foregoing, in respect of having objectively, and in all the circumstances of the case, a reasonable expectation of the child being in a position to use the relevant storage (G) or the relevant storage (T), as the case may be, after the child attains the age of 18 years, | ||
and | ||
(b) the relevant person gives the section 19 consent that would otherwise be required to be given by such child for such storage if the child had attained the age of 18 years at the time of such treatment. | ||
(2) Where a relevant child the subject of a relevant storage (G) or a relevant storage (T) referred to in subsection (1) attains the age of 18 years, the relevant section 19 consent shall, on and after that attainment, be deemed to be the section 19 consent of that child and not the section 19 consent of the relevant person concerned, and the other provisions of this Act shall, with all necessary modifications, be construed accordingly. | ||
(3) Subject to Part 5 , where a relevant child the subject of a relevant storage (G) or a relevant storage (T) referred to in subsection (1) dies, the relevant storer (G) or relevant storer (T), as the case may be, shall, as soon as is practicable after the provider receives notice in writing of such death, dispose of such storage. | ||
(4) In this section— | ||
“relevant child” means a child referred to in subsection (1); | ||
“relevant person”, in relation to a relevant child, means the parent or parents, or the guardian or guardians, or any combination thereof, who consented to the medical treatment referred to in subsection (1) that the child will undergo; | ||
“relevant section 19 consent” means the section 19 consent referred to in subsection (1). |