Health (Assisted Human Reproduction) Act 2024
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Voluntary Register of Relevant Donors and Donor-Conceived Persons | ||
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124. (1) The Minister shall, as soon as is practicable after the commencement of this section, by regulations require the AHRRA to establish and maintain a register of relevant donors and donor-conceived persons to be known as the Voluntary Register of Relevant Donors and Donor-Conceived Persons or, alternatively, the Voluntary Register. | ||
(2) Regulations made under subsection (1) shall specify the following: | ||
(a) subject to subsection (6), the particulars of— | ||
(i) relevant donors, or a class of relevant donors, and | ||
(ii) donor-conceived persons, or a class of donor-conceived persons, | ||
that shall be entered in the Voluntary Register; | ||
(b) the persons, or a class of persons, who are entitled to obtain from the Voluntary Register information, or a class of information, recorded on the Voluntary Register; | ||
(c) the information, or class of information, recorded on the Voluntary Register that may be obtained by the persons, or a class of persons, referred to in paragraph (b); | ||
(d) the procedures to be adopted for matching between persons, or a class of persons, who fall within paragraph (a)(i) or (ii) and persons, or a class of persons, who fall within paragraph (b); | ||
(e) the procedures to be adopted for releasing information, or a class of information, recorded on the Voluntary Register to the persons or a class of persons, referred to in paragraph (b). | ||
(3) The AHRRA shall not enter any particulars of a relevant donor or donor-conceived person in the Voluntary Register unless it is satisfied that the particulars— | ||
(a) are in the specified form, and | ||
(b) were given to the AHRRA— | ||
(i) voluntarily, and | ||
(ii) when the donor or person, as the case may be, had the capacity to do so. | ||
(4) Where the AHRRA receives a request in the specified form from a relevant donor or donor-conceived person to delete his or her particulars from the Voluntary Register, or to update, or correct an error in, any such particulars, the AHRRA shall, without delay, comply with that request. | ||
(5) Where the AHRRA becomes aware of updated information in relation to any particulars entered in the Voluntary Register, or of an error in any such particulars, it shall, without delay, update or correct the particulars, as the case may be. | ||
(6) Without prejudice to the generality of paragraph (a) of subsection (2), a class of relevant donors or donor-conceived persons referred to in that paragraph may be identified by reference to whether or not the class consists of Irish citizens or persons born in the State. | ||
(7) On and after the establishment day, the Minister shall not make regulations under subsection (1) except after consultation with the AHRRA. | ||
(8) In this section— | ||
“donor-conceived person” means a child born as the result of a DAHR procedure or AHR treatment involving the use of gametes or embryos from a relevant donor; | ||
“relevant donor” means— | ||
(a) a person whose gametes or embryos were donated for use in, and were used in— | ||
(i) the provision of a DAHR procedure before the commencement of section 20 of the Act of 2015, or | ||
(ii) the provision of AHR treatment before the commencement of section 53 or 90 , as appropriate, | ||
and | ||
(b) such other classes of donor relevant to DAHR procedures or AHR treatment as may be specified in regulations made under subsection (1). |