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Information to be provided to and recorded by AHRRA in relation to surrogacy agreements
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62. (1) The AHR treatment provider shall, for each embryo transfer undertaken by the provider pursuant to the surrogacy agreement, acquire and retain a record of the following:
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(a) in the case of the surrogate mother—
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(i) her name,
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(ii) her date and place of birth,
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(iii) her nationality, and
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(iv) her address and contact details;
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(b) in the case of each intending parent—
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(i) his or her name,
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(ii) his or her date of birth,
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(iii) whether or not he or she provided a gamete used under the agreement, and
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(iv) his or her address and contact details;
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(c) in the case of the relevant donor (G) (if any)—
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(i) his or her name,
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(ii) his or her date and place of birth,
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(iii) his or her nationality,
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(iv) the date on which, and the AHR treatment facility or other like facility, as appropriate, at which he or she made his or her relevant donation (G), and
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(v) his or her contact details;
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(d) the date on which, and the AHR treatment facility at which, the embryo transfer was undertaken;
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(e) the information given to the AHR provider under subsection (2).
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(2) Where an AHR treatment has been provided pursuant to a surrogacy agreement by an AHR treatment provider, the surrogate mother shall, as soon as is practicable after becoming aware of the fact, inform the provider of the following:
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(a) whether the embryo transfer resulted in a pregnancy;
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(b) where the embryo transfer has resulted in pregnancy, the date on which the surrogate mother is expected to give birth;
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(c) where paragraph (b) applies, after the pregnancy of the surrogate mother has come to an end—
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(i) whether the pregnancy resulted in the birth of a live child, and
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(ii) where the pregnancy resulted in the birth of a live child, the name, date, place of birth, sex and address of the child.
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(3) The AHR treatment provider shall, for each embryo transfer undertaken by the provider pursuant to a surrogacy agreement, give notice in writing in the specified form to the AHRRA of the following:
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(a) that an embryo transfer pursuant to a surrogacy agreement has been undertaken at the AHR treatment facility;
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(b) the information the provider has recorded in accordance with subsection (1).
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(4) Subject to subsection (2), the AHR treatment provider shall give to the AHRRA the information required under subsection (3) in relation to each embryo transfer undertaken pursuant to a surrogacy agreement at the AHR treatment facility on each of the following dates:
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(a) on a date that is not later than six months after the provision of the embryo transfer concerned;
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(b) on a date that is not earlier than 12 months and not later than 13 months after the undertaking of the embryo transfer concerned.
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(5) (a) Where the AHR treatment provider becomes aware of an error in any information given under this section to the AHRRA, the provider shall, without delay, inform the AHRRA of the error and give the AHRRA the corrected information.
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(b) Where the AHR treatment provider becomes aware of a failure to give information to the AHRRA required by this section to be so given, the provider shall, without delay, inform the AHRRA of the failure and give the AHRRA the information.
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(6) Where the AHR treatment provider concerned has reasonable grounds to believe that the surrogate mother has failed to comply with subsection (2), the provider shall take such steps as are reasonable in all the circumstances of the case to—
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(a) contact the surrogate mother to ascertain whether or not there has been such a failure, or
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(b) if there has been such a failure, encourage the surrogate mother to comply with that subsection.
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