Health (Assisted Human Reproduction) Act 2024

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Information in respect of other persons that may be requested from AHRRA - domestic surrogacy

73. (1) This section applies to—

(a) a person (in this section referred to as the “relevant person”) who is either—

(i) an adult (AHR) born as a result of AHR treatment provided pursuant to a surrogacy agreement in which the embryo transferred was created using a relevant donation (G), or

(ii) a donor-conceived child who has attained the age of 16 years,

and

(b) the relevant donor (G) of a relevant donation (G) that was used to create the embryo transferred pursuant to a surrogacy agreement which resulted in the birth of a child (AHR).

(2) (a) The relevant person may make an application (in this section referred to as a “ section 73 (2) application”) to the AHRRA to record on the National Surrogacy Register or the National Donor-Conceived Person Register, as the case may be, a statement of his or her name, date of birth and contact details, and confirming that he or she consents to the release of that information to the applicant concerned where the AHRRA has received an application under this section for the release of such information.

(b) Subject to sections 75 and 76 , the AHRRA shall comply with a section 73 (2) application.

(3) (a) The relevant person may make an application (in this section referred to as a “ section 73 (3)(a) application”) to the AHRRA to be given the name, date of birth and contact details of any child (AHR) or adult (AHR) with whom the relevant person shares a common relevant donor (G).

(b) The relevant donor (G) may make an application (in this section referred to as a “ section 73 (3)(b) application”) to the AHRRA to be given the name, date of birth and contact details of the relevant person in relation to whom the donor provided a relevant donation (G) referred to in subsection (1)(b).

(c) Subject to sections 75 and 76 , where the AHRRA receives a section 73 (3)(a) application or section 73 (3)(b) application, it shall search the National Surrogacy Register and the National Donor-Conceived Person Register for the information sought by the application.

(4) Where the AHRRA receives a section 73 (3)(a) application in respect of a relevant person to whom subsection (2) applies, the AHRRA shall send the relevant person a notice in writing informing him or her that—

(a) a section 73 (3)(a) application has been made by another relevant person who shares a common relevant donor (G) with the first-mentioned relevant person, and

(b) unless the first-mentioned relevant person informs the AHRRA, within 12 weeks of the date of sending the notice, that he or she objects to the giving of the information sought by the application, the AHRRA will give the information to the applicant.

(5) Where the AHRRA receives a section 73 (3)(b) application in respect of a relevant person to whom subsection (2) applies, the AHRRA shall send the relevant person a notice in writing informing him or her that—

(a) a section 73 (3)(b) application has been made by the relevant donor (G) of the relevant donation (G) that was used to create the embryo concerned, and

(b) unless the relevant person informs the AHRRA, within 12 weeks of the date of sending the notice, that he or she objects to the giving of the information sought by the application, the AHRRA will give the information to the applicant.

(6) Where the relevant person to whom a notice under subsection (4) or (5) is given does not, within the 12 weeks referred to in that subsection, object to the giving of the information sought by the section 73 (3)(a) application or section 73 (3)(b) application, as the case may be, the AHRRA shall give that information to the applicant.

(7) In this section, a reference to a relevant donation (G) includes a reference to a gamete donated under the Act of 2015 and a reference to a relevant donor (G) includes, in the case of a gamete donated under the Act of 2015, the donor under the Act of 2015 of that gamete.