Health (Assisted Human Reproduction) Act 2024

Access to certain information from National Surrogacy Register and National Donor Conceived Person Register - international surrogacy

107. (1) An adult (AHR) born as a result of AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ) in which a relevant donation (SJG) was used, or the parent or guardian of a child (AHR) born as a result of AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ) in which a relevant donation (SJG) was used, may make an application (in this section referred to as a “ section 107 (1) application”) to the AHRRA for the AHRRA to give him or her the following information, where applicable:

(a) information in respect of the relevant donor (SJG) that is recorded on the National Surrogacy Register other than the donor’s name, date of birth and contact details;

(b) the number of persons who have been born as a result of such use of such donation or, where applicable, a DAHR procedure or further DAHR procedure, or both, and the sex and year of birth of each of them.

(2) A relevant donor (SJG) may make an application (in this section referred to as a “ section 107 (2) application”) to the AHRRA for the AHRRA to give him or her information from the National Surrogacy Register on the number of persons who have been born as a result of the use of his or her relevant donation (SJG) in AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ), and the sex and year of birth of each of them.

(3) A donor-conceived child who has attained the age of 16 years, or the parent or guardian of a donor-conceived child who has not attained the age of 16 years, may make an application (in this section referred to as a “ section 107 (3) application”) to the AHRRA for the AHRRA to give him or her information on the number of persons who have been born as a result of the use in AHR treatment (SJ) of a relevant donation (SJG) by the same relevant donor (SJG) where such donation so used created the embryo that resulted in the donor-conceived child, and the sex and year of birth of each of them.

(4) Subject to sections 112 and 113 , the AHRRA shall comply with a section 107 (1) application, section 107 (2) application or section 107 (3) application by giving notice in writing to the applicant setting out the information sought by the applicant.