Health (Assisted Human Reproduction) Act 2024

• Permanent Page URL

Amendment of Act of 2015

232. The Act of 2015 is amended—

(a) in section 19(3), by the deletion of paragraphs (b) and (c) and the substitution of the following:

“(b) medical expenses,

(c) any legal or counselling costs, and

(d) any net loss of income,”,

(b) in section 20—

(i) in subsection (1)—

(I) by the substitution of the following paragraph for paragraph (b):

“(b) the child was born as a result of a DAHR procedure that was performed before the date on which this section came into operation that—

(i) was performed in the State, or

(ii) both—

(I) was performed outside the State, and

(II) where it was performed in a DAHR facility outside the State, was performed by a person authorised to do so under the law of the place where the procedure was performed,”,

(II) by the substitution of the following paragraph for paragraph (d):

“(d) subject to paragraph (g), at the time referred to in paragraph (c), the donor who provided a gamete that was used in the DAHR procedure—

(i) was unknown to the mother of the child and the person referred to in paragraph (c), and

(ii) was not an intending parent of the child,”,

(III) in paragraph (e), by the substitution of “paragraph (c),” for “paragraph (c), and”,

(IV) in paragraph (f), by the substitution of “parent,” for “parent.”, and

(V) by the insertion of the following paragraphs after paragraph (f):

“(g) subject to paragraphs (h) and (i), where the donor who provided a gamete that was used in the DAHR procedure was known to the mother of the child and the person referred to in paragraph (c), the donor consents to the making of the declaration concerned under section 21 or 22 and, by virtue of giving such consent, confirms that he or she understands that, under the law of the State, he or she—

(i) is not a parent of the child, and

(ii) has no parental rights or duties in respect of the child,

(h) a consent referred to in paragraph (g) given by the donor is given—

(i) voluntarily, and

(ii) subject to provisions of the Assisted Decision-Making (Capacity) Act 2015 , when he or she had the capacity (within the meaning of that Act) to do so,

and

(i) the District Court or Circuit Court, as appropriate, may waive the requirement under paragraph (g) of consent from the donor referred to in that paragraph if he or she—

(i) is deceased, or

(ii) cannot be located after reasonable efforts have been made to find him or her.”,

and

(ii) in subsection (2), by the substitution of the following definitions for the definition of “DAHR procedure”:

“ ‘DAHR procedure’ includes a DAHR procedure performed—

(a) other than in a DAHR facility,

(b) outside the State, or

(c) other than in a DAHR facility and outside the State;

‘donor’ means a person who provided a gamete for a DAHR procedure, other than the mother or intending parent of the child born as a result of such procedure;”,

(c) in section 21, by the insertion of the following subsection after subsection (4):

“(4A) Where section 20(1)(g) applies, an application under this section shall include an affidavit sworn by the donor stating that he or she—

(a) consents to the making of a declaration under this section, and

(b) understands that, under the law of the State, he or she is not a parent of the child and has no parental rights or duties in respect of the child.”,

(d) in section 22, by the insertion of the following subsection after subsection (5):

“(5A) Where section 20(1)(g) applies, an application under this section shall include an affidavit sworn by the donor stating that he or she—

(a) consents to the making of a declaration under this section, and

(b) understands that, under the law of the State, he or she is not a parent of the child and has no parental rights or duties in respect of the child.”,

(e) in section 26—

(i) in subsection (5)(a), by the substitution of “a DAHR facility” for “the DAHR facility concerned”, and

(ii) in subsection (6)(b), by the substitution of “a DAHR facility” for “the DAHR facility”,

(f) in section 34(1)—

(i) by the substitution of “Subject to section 42A, a donor-conceived child who has attained the age of 16 years” for “A donor-conceived child who has attained the age of 18 years”, and

(ii) by the substitution of “16 years, may” for “18 years, may”,

(g) in section 35—

(i) in subsection (1), by the substitution of “Subject to section 42A, a donor conceived child who has attained the age of 16 years” for “A donor conceived child who has attained the age of 18 years”,

(ii) by the insertion of the following subsection after subsection (1):

“(1A) The Minister shall, as soon as is practicable after receiving a request under subsection (1), comply with the request.”,

and

(iii) by the deletion of subsections (2) to (6),

(h) in section 36—

(i) in subsection (1), by the substitution of “Subject to section 42A, a donor-conceived child who has attained the age of 16 years” for “A donor-conceived child who has attained the age of 18 years”, and

(ii) in subsection (2)—

(I) by the substitution of “Subject to section 42A, a donor” for “A donor”, and

(II) by the substitution of “16 years” for “18 years”,

(i) in section 37—

(i) in subsection (1), by the substitution of “Subject to section 42A, a donor conceived child who has attained the age of 16 years” for “A donor conceived child who has attained the age of 18 years”, and

(ii) in subsection (2), by the substitution of “Subject to section 42A, a donor conceived child who has attained the age of 16 years” for “A donor conceived child who has attained the age of 18 years”,

and

(j) in section 38—

(i) in subsection (1), by the substitution of “(or, subject to section 42A, in the case of a person who has not attained the age of 16 years, his or her parent or guardian)” for “(or, in the case of a person who has not attained the age of 18 years, his or her parent or guardian)”, and

(ii) by the deletion of subsection (2).