Health (Assisted Human Reproduction) Act 2024

Provisions applicable in case of relevant donation (G)

63. (1) Where a relevant donation (G) is used to create the embryo transferred pursuant to a surrogacy agreement, the relevant donor (G)—

(a) is not the parent of a child born as a result of AHR treatment provided pursuant to such use of such donation, and

(b) has no parental rights or duties in respect of the child.

(2) On and after the commencement of this section, a reference in any enactment to a mother, father or parent of a child who was born as a result of AHR treatment provided pursuant to a surrogacy agreement under which the embryo transferred was created using a relevant donation (G) shall be construed as not including the relevant donor (G).

(3) Where an embryo proposed to be transferred pursuant to a surrogacy agreement was or will be created using a relevant donation (G), the transfer shall not be effected unless the section 19 consent of the relevant donor (G) permits the use of such donation pursuant to such an agreement.