CHILDREN AND FAMILY RELATIONSHIPS ACT 2015

An Act to provide for certain matters relating to donor-assisted human reproduction and the parentage of children born as a result of donor-assisted human reproduction procedures; to provide for the establishment and maintenance of a register to be known as the National Donor-Conceived Person Register; to amend and extend the law relating to the guardianship and custody of, and access to, children and for those purposes to amend the Guardianship of Infants Act 1964; to extend the category of persons who may be liable for the maintenance of children and for that purpose to amend the Family Law (Maintenance of Spouses and Children) Act 1976, and for that and other purposes to amend the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; to provide for the use in certain circumstances of DNA testing to determine parentage and for that and other purposes to amend the Status of Children Act 1987; to amend the Family Law Act 1995; to amend the category of persons who may adopt children and for that and other purposes to amend the Adoption Act 2010; to make consequential amendments to the Succession Act 1965, the Civil Registration Act 2004 and other enactments; and to provide for related matters.

[6 th April, 2015]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title, collective citations and commencement

1. (1) This Act may be cited as the Children and Family Relationships Act 2015.

• (2) Part 9 and the Civil Registration Acts 2004 to 2014 may be cited together as the Civil Registration Acts 2004 to 2015.

• (3) Part 11 and the Adoption Acts 2010 to 2013 may be cited together as the Adoption Acts 2010 to 2015.

• (4) Section 175 and the Child Care Acts 1991 to 2013 may be cited together as the Child Care Acts 1991 to 2015.

• (5) This Act, subject to subsections (6) to (9), shall come into operation on the day or days that the Minister may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (6) Parts 2 and 3 shall come into operation on the day or days that the Minister for Health may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• F1[(7) Part 9 shall come into operation 54 months from enactment or on such earlier day or days as the Minister may, after consulting with the Minister for Employment Affairs and Social Protection, appoint by order or orders either generally or with reference to any particular purpose or provision of that Part and different days may be so appointed for different purposes or different provisions.]

• (8) Part 10 shall come into operation on the day or days that the Minister for Foreign Affairs and Trade may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (9) Part 11 shall come into operation on the day or days that the Minister for Children and Youth Affairs may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation

2. In this Act—

“Act of 1964” means the Guardianship of Infants Act 1964;

“Act of 1965” means the Succession Act 1965;

“Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act 1976;

“Act of 1987” means the Status of Children Act 1987;

“Act of 1995” means the Family Law Act 1995;

“Act of 2004” means the Civil Registration Act 2004;

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“Minister”, other than in Parts 2 and 3, means the Minister for Justice and Equality.

3. Expenses

3. The expenses incurred by the Minister or any other Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Parentage in Cases of Donor-Assisted Human Reproduction

4. Interpretation (Parts 2 and 3)

4. In this Part and Part 3 —

“birth certificate” means a document issued under section 13(4) of the Act of 2004 in respect of an entry in the register of births;

“civil partner” shall be construed in accordance with section 3 of the Act of 2010;

“cohabitant” shall be construed in accordance with section 172(1) of the Act of 2010;

“DAHR facility” means a place at which a DAHR procedure is performed;

“DAHR procedure” means a donor-assisted human reproduction procedure, being any procedure performed in the State with the objective of it resulting in the implantation of an embryo in the womb of the woman on whose request the procedure is performed, where—

• (a) one of the gametes from which the embryo has been or will be formed has been provided by a donor,

• (b) each gamete from which the embryo has been or will be formed has been provided by a donor, or

• (c) the embryo has been provided by a donor;

“donation facility” means a place at which a person provides and donates his or her gamete, and includes a DAHR facility;

“donor”—

• (a) in relation to a gamete, means—

• (i) a person who has consented, under section 6 or in the manner referred to in section 26(1)(b)(ii), to the use in a DAHR procedure of a gamete provided by him or her, or

• (ii) the donor of a gamete to which [F2section 26(5)] applies,

and includes a donor of a gamete that is used in the formation of an embryo that is used in a further DAHR procedure, and

• (b) in relation to an embryo, means—

• (i) a person who has consented under section 14 or 16 or in the manner referred to in section 26(2)(b)(ii), to the use of the embryo in a DAHR procedure or a further DAHR procedure, or

• (ii) the donor of an embryo to which section 26(6) applies;

“donor-conceived child” means—

• (a) a child born in the State, after the commencement of this section, as a result of a DAHR procedure, or

• (b) other than in sections 33 to 39, a child in respect of whom a person has been declared under section 21 or 22 to be his or her parent;

“embryo” means a human embryo formed by the fertilisation of a human egg by a human sperm;

“enactment” means a statute or an instrument made under a power conferred by statute;

“further DAHR procedure” has the meaning it has in section 16;

“gamete” means—

• (a) a human sperm, which is formed in the body of and provided by a man, or

• (b) a human egg, which is formed in the body of and provided by a woman;

“intending mother” means, in relation to a DAHR procedure, a woman who requests the performance of the procedure for the purpose of her becoming the mother of a child born as a result of the procedure;

“intending parent” means, in relation to a DAHR procedure, a person who intends to be the parent, under section 5, of a child born as a result of the procedure, and includes an intending mother;

“Minister” means the Minister for Health;

“mother” means, in relation to a child, the woman who gives birth to the child;

“operator” means, in relation to a DAHR facility, the person who owns or manages the facility or is otherwise responsible for the running of the facility;

“prescribed” means prescribed by regulations under section 41;

“Register” means the register established under section 33;

“registered medical practitioner” means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007;

F3[“registered midwife” means a person whose name is entered for the time being in the midwives division of the register of nurses and midwives established under section 46 of the Nurses and Midwives Act 2011;]

“registered nurse” means a person whose name is entered for the time being in the nurses division of the register of nurses and midwives established under section 46 of the Nurses and Midwives Act 2011;

“relevant donor” means, in relation to a donor-conceived child—

• (a) subject to paragraph (b), the donor of a gamete that was used in the DAHR procedure that resulted in the birth of the donor-conceived child, and

• (b) in the case of a donor-conceived child who is born as a result of a DAHR procedure or a further DAHR procedure in which a donated embryo was used—

• (i) a donor of the embryo who provided a gamete that was used in the formation of the embryo, and

• (ii) where applicable, the donor of a gamete that was used in the formation of the embryo.

5. Parentage of child born as a result of DAHR procedure

5. (1) The parents of a donor-conceived child who is born as a result of a DAHR procedure to which subsection (8) applies are—

• (a) the mother, and

• (b) the F4[spouse], civil partner or cohabitant, as the case may be, of the mother.

• (2) Where a donor-conceived child is born as a result of a DAHR procedure, other than a DAHR procedure to which subsection (8) applies, the mother alone shall be the parent of that child.

• (3) Where a person is, under subsection (1) or (2), the parent of a child, he or she shall have all parental rights and duties in respect of the child.

• (4) In deducing any relationship for the purposes of any enactment, the relationship between every donor-conceived child and his or her parent or parents shall be determined in accordance with this section and all other relationships shall be determined accordingly.

• (5) A donor of a gamete that is used in a DAHR procedure—

• (a) is not the parent of a child born as a result of that procedure, and

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

• (6) A donor of an embryo that is used in a DAHR procedure—

• (a) is not the parent of a child born as a result of that procedure, and

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

• (7) On and after the coming into operation of this section, a reference in any enactment to—

• (a) a mother or parent of a child shall be construed as not including a woman who is the donor of a gamete or embryo that was used in a DAHR procedure that resulted in the birth of the child, and

• (b) a father or parent of a child shall be construed as not including a man who is the donor of a gamete or embryo that was used in a DAHR procedure that resulted in the birth of the child.

• (8) This subsection applies to a DAHR procedure in relation to which—

• (a) the intending mother has consented under section 9 to the parentage under subsection (1) of the child born as a result of the procedure, where her declaration under section 9(1)(c) includes a statement referred to in section 9(3)(d) in respect of her F4[spouse], civil partner or cohabitant, as the case may be, and

• (b) the F4[spouse], civil partner or cohabitant of the intending mother referred to in paragraph (a) has consented under section 11 to the parentage under subsection (1) of the child referred to in that paragraph.

6. Consent to use of gamete in DAHR procedure

6. (1) A person consents under this section to the use in a DAHR procedure of a gamete provided by him or her where he or she—

• (a) has attained the age of 18 years,

• (b) has received the information referred to in section 7, and

• (c) makes a declaration in accordance with subsections (2) and (3).

• (2) A declaration under subsection (1)(c) shall be made before the donation is made, and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of the donation facility where the gamete is provided.

• (3) A declaration under subsection (1)(c) shall be in such form as may be prescribed and shall include the following statements:

• (a) that the person has received the information referred to in section 7;

• (b) subject to subsection (4), that the person consents to the use in a DAHR procedure of the gamete provided by him or her;

• (c) that, in the event that the gamete is used in a procedure referred to in paragraph (b), the person consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her;

• (d) that the person is aware that he or she shall not be the parent of any child born as a result of a procedure referred to in paragraph (b);

• (e) that, in the event that a child is born as a result of a procedure referred to in paragraph (b), the person—

• (i) consents to the recording on the Register of the information specified in section 33(3)(d) in respect of the person, and

• (ii) understands that the child may, in accordance with section 35, access the information referred to in sub paragraph (i) and seek to contact him or her.

• (4) In making a statement referred to in subsection (3)(b), a person may state that his or her consent is restricted to the use of the gamete in a DAHR procedure performed on the request of—

• (a) the intending mother specified in the statement, where the DAHR procedure concerned is one to which section 25(3)(b)(i) applies, or

• (b) the intending parents specified in the statement, where the DAHR procedure concerned is one to which section 25(3)(b)(ii) applies.

• (5) A person’s consent under this section to the use of his or her gamete in a DAHR procedure may not be restricted other than as provided for in subsection (4).

7. Information to be provided for purposes of section 6

7. The operator of a donation facility shall, before a person makes a declaration under section 6(1)(c), inform him or her—

• (a) that, in the event that he or she consents under section 6 to the use in a DAHR procedure of a gamete provided by him or her—

• (i) he or she is entitled to seek the information referred to in section 34(2), and

• (ii) where such a DAHR procedure is performed, he or she consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her,

• (b) that, in the event that a child is born as a result of the procedure referred to in paragraph (a)—

• (i) he or she shall not be the parent of that child,

• (ii) the information specified in section 33(3)(d) in relation to him or her shall be recorded on the Register,

• (iii) the child may, in accordance with section 35, access the information referred to in subparagraph (ii) and seek to contact him or her,

• (iv) the person’s entitlement to obtain information recorded on the Register is subject to section 36 and is otherwise restricted to the information referred to in section 34(2), and

• (v) having regard to the child’s right to his or her identity, it is desirable that he or she keep updated, in accordance with section 38(1), the information in relation to him or her that is recorded on the Register,

and

• (c) of his or her right under section 8, in the event that he or she consents under section 6 to the use of his or her gamete in a DAHR procedure, to revoke that consent.

8. Revocation of consent given under section 6

8. (1) Subject to this section, a donor of a gamete may, by notice in writing to the operator of the donation facility to which his or her declaration under section 6(1)(c) was made, revoke his or her consent under that section.

• (2) A revocation of consent under subsection (1) shall have no effect in respect of a gamete to which the consent relates that has been used at a DAHR facility in the formation of an embryo before the date on which the notice under that subsection is received by the operator of the DAHR facility concerned.

9. Consent of intending mother

9. (1) An intending mother consents under this section to the parentage, under subsection (1) or (2), as the case may be, of section 5 of a child born to her as a result of a DAHR procedure where, before that procedure is performed, she—

• (a) has attained the age of 21 years,

• (b) has received the information referred to in section 13, and

• (c) makes a declaration in accordance with subsections (2) and (3).

• (2) A declaration under subsection (1)(c) shall be made before the DAHR procedure is performed and shall be in writing, dated, and signed by the intending mother in the presence of a person authorised in that behalf by the operator of the DAHR facility where the DAHR procedure is to be performed.

• (3) A declaration under subsection (1)(c) shall be in such form as may be prescribed and shall include the following statements:

• (a) that the intending mother has received the information referred to in section 13;

• (b) that, in the event that a DAHR procedure is performed, the intending mother—

• (i) consents to the provision to the Minister of the information referred to in section 28(3)(b) in respect of her, and

• (ii) agrees to comply with her obligations under section 27;

• (c) that the intending mother is aware that—

• (i) the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of any child born as a result of that procedure, and

• (ii) she shall be the mother of such a child;

• (d) where applicable, that the intending mother consents to her F5[spouse], civil partner or cohabitant, as the case may be, being the parent under section 5(1)(b) of any child born as a result of the DAHR procedure;

• (e) that, in the event that a child is born as a result of the DAHR procedure, the intending mother—

• (i) consents to the recording on the Register of the information specified in section 33(3)(c) in respect of her,

• (ii) consents to the recording on the Register of the information specified in paragraphs (a) and (b) of section 33(3) in respect of the child, and

• (iii) understands that the child may, in accordance with section 35, access the information specified in section 33(3)(d) in respect of a person who is, in relation to the child, a relevant donor and seek to contact him or her.

10. Revocation of consent given under section 9

10. (1) Subject to this section, an intending mother may, by notice in writing to the operator of the DAHR facility to which her declaration under section 9(1)(c) was made, revoke her consent under that section.

• (2) A revocation of consent under subsection (1) shall have no effect in respect of a DAHR procedure to which the consent relates that has been performed before the notice under that subsection is received by the operator of the DAHR facility at which the procedure was performed.

11. Consent of husband, civil partner or cohabitant of intending mother

11. (1) A person, being the F6[spouse], civil partner or cohabitant of the intending mother concerned, consents under this section to be the parent, under section 5(1)(b), of a child born as a result of a DAHR procedure where, before that procedure is performed—

• (a) the person has attained the age of 21 years,

• (b) the intending mother has consented under section 9 to a DAHR procedure, and her declaration under section 9(1)(c) includes a statement referred to in section 9(3)(d) in respect of the person,

• (c) the person has received the information referred to in section 13, and

• (d) the person makes a declaration in accordance with subsections (2) and (3).

• (2) A declaration under subsection (1)(d) shall be made before the DAHR procedure is performed and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of the DAHR facility where the DAHR procedure is to be performed.

• (3) A declaration under subsection (1)(d) shall be in such form as may be prescribed and shall include the following statements:

• (a) that the person is the F6[spouse], civil partner or cohabitant, as the case may be, of the intending mother;

• (b) that the person has received the information referred to in section 13;

• (c) that, in the event that a DAHR procedure is performed, the person—

• (i) consents to the provision to the Minister of the information referred to in section 28(3)(b) in respect of him or her, and

• (ii) agrees to comply with his or her obligations under section 27;

• (d) that the person is aware that—

• (i) the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of any child born as a result of that procedure, and

• (ii) by consenting in accordance with this section, he or she shall, under this Act, together with the mother of the child, be the parent of such a child;

• (e) that, in the event that a child is born as a result of the DAHR procedure, the person—

• (i) consents to the recording on the Register of the information specified in section 33(3)(c) in respect of him or her,

• (ii) consents to the recording on the Register of the information specified in paragraphs (a) and (b) of section 33(3) in respect of the child, and

• (iii) understands that the child may, in accordance with section 35, access the information specified in section 33(3)(d) in respect of a person who is, in relation to the child, a relevant donor and seek to contact him or her.

12. Revocation of consent given under section 11

12. (1) Subject to this section, a person may, by notice in writing to the operator of the DAHR facility to which his or her declaration under section 11(1)(d) was made, revoke his or her consent under that section.

• (2) A revocation of consent under subsection (1) shall have no effect in respect of a DAHR procedure to which the consent relates that has been performed before the notice under that subsection is received by the operator of the DAHR facility at which the procedure was performed.

13. Information to be provided for purposes of sections 9 and 11

13. The operator of a DAHR facility shall, before a person makes a declaration under section 9(1)(c) or section 11(1)(d), inform him or her—

• (a) that, in the event that a DAHR procedure is performed, the information referred to in section 28(3)(b) in respect of him or her shall be provided to the Minister,

• (b) that, in the event that he or she consents in accordance with section 9 or 11, as the case may be, and a child is born as a result of the DAHR procedure—

• (i) he or she shall be the parent of the child,

• (ii) the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of the child,

• (iii) the information specified in section 33(3) in respect of the intending parent or parents, the child and a person who is, in relation to the child, a relevant donor, shall be recorded on the Register,

• (iv) the child may, in accordance with section 35, access the information specified in section 33(3)(d) in respect of the donor referred to in subparagraph (iii) and seek to contact him or her, and

• (v) his or her entitlement to obtain information from the Register shall be restricted to the information referred to in section 34(1),

• (c) of his or her obligation under section 27 to provide the information specified in that section to the DAHR facility concerned, and

• (d) of his or her right under section 10 or 12, as the case may be, in the event that he or she consents under section 9 or 11, to revoke that consent.

14. Consent to use of embryo in DAHR procedure

14. (1) Where—

• (a) an embryo is formed for the purposes of an assisted human reproduction procedure, and

• (b) the woman and man on whose request the assisted human reproduction procedure is to be performed do not wish for the embryo to be used in such a procedure,

the woman and man may consent, under this section, to the use of the embryo in a DAHR procedure.

• (2) Subject to subsection (3), the woman and man referred to in subsection (1) may consent under this section to the use of the embryo in a DAHR procedure in respect of which neither of them is an intending parent.

• (3) An embryo referred to in subsection (2) may be used in a DAHR procedure to which that subsection applies only where both the woman and the man concerned have consented under that subsection.

• (4) A man to whom subsection (1) applies may consent under this section to the use of the embryo in a DAHR procedure in respect of which—

• (a) the woman to whom subsection (1) applies is the intending mother, and

• (b) he is not an intending parent.

• (5) A person consents under this section to the use of an embryo in a DAHR procedure where he or she—

• (a) receives the information referred to in section 15, and

• (b) makes a declaration in accordance with subsections (6) and (7).

• (6) A declaration under subsection (5)(b) shall be made before the donation is made and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of a DAHR facility.

• (7) A declaration under subsection (5)(b) F7[shall be in such form as may be prescribed and] shall include the following statements:

• (a) that the person has received the information referred to in section 15;

• (b) subject to subsection (8), that the person consents to the use in a DAHR procedure of the embryo;

• (c) that the person is aware that he or she shall not be the parent of any child born as a result of the DAHR procedure;

• (d) that, in the event that the embryo is used in a DAHR procedure, the person consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her;

• (e) that, in the event that a child is born as a result of a DAHR procedure, the person—

• (i) consents to the recording in the Register of the information specified in section 33(3)(d) in respect of him or her, and

• (ii) understands that the child may, in accordance with section 35, access the information referred to in sub paragraph (i), and seek to contact him or her.

• (8) In making a statement referred to in subsection (7)(b), a person may state that his or her consent is restricted to the use of the embryo in a DAHR procedure performed on the request of—

• (a) an intending mother specified in the statement, where the DAHR procedure concerned is one to which section 25(3)(b)(i) applies, or

• (b) the intending parents specified in the statement, where the DAHR procedure concerned is one to which section 25(3)(b)(ii) applies.

• (9) A person’s consent under this section to the use of an embryo in a DAHR procedure may not be restricted other than as provided for in subsection (8).

• (10) In this section, “assisted human reproduction procedure” means a procedure performed with the objective of it resulting in the implantation of an embryo in the womb of the woman on whose request the procedure is performed, where—

• (a) the embryo has been or will be formed from a gamete provided by the woman and a gamete provided by a man, and

• (b) the procedure is performed for the purpose of the woman and the man becoming the parents of a child born as a result of the procedure.

15. Information to be provided for purposes of section 14

15. The operator of a DAHR facility shall, before a person makes a declaration under section 14(5)(b), inform him or her—

• (a) that, in the event that he or she consents under section 14 to the use of the embryo in a DAHR procedure—

• (i) he or she is entitled to seek the information referred to in section 34(2), and

• (ii) where such a DAHR procedure is performed, he or she consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her,

• (b) that, in the event that a child is born as a result of the DAHR procedure referred to in paragraph (a) —

• (i) he or she shall not be the parent of that child,

• (ii) the information specified in section 33(3)(d) in relation to him or her shall be recorded on the Register,

• (iii) the child may, in accordance with section 35, access the information specified in section 33(3)(d) in respect of him or her and seek to contact him or her,

• (iv) the person’s entitlement to obtain information recorded on the Register is subject to section 36 and is otherwise restricted to the information referred to in section 34(2), and

• (v) having regard to the child’s right to his or her identity, it is desirable that he or she keep updated, in accordance with section 38(1), the information in relation to him or her that is recorded on the Register,

and

• (c) of his or her right under section 18, in the event that he or she consents under section 14 to the use of the embryo in a DAHR procedure, to revoke that consent.

16. Consent to use of embryo in further DAHR procedure

16. (1) Where—

• (a) an embryo is formed for the purposes of a DAHR procedure, and

• (b) (i) in the case of a DAHR procedure to which section 25(3)(b)(ii) applies, the intending parents do not wish for the embryo to be used in a DAHR procedure in respect of which they are the intending parents, or

• (ii) in the case of a DAHR procedure to which section 25(3)(b)(i) applies, the intending mother does not wish for the embryo to be used in a DAHR procedure in respect of which she is the intending mother,

a person referred to in paragraph (b) may consent, under this section, to the use of the embryo in a further DAHR procedure.

• (2) Subject to subsection (3), each intending parent referred to in subsection (1)(b)(i) may consent under this section to the use of the embryo in a DAHR procedure in respect of which neither of them is an intending parent.

• (3) An embryo referred to in subsection (2) may be used in a further DAHR procedure to which that subsection applies only where each intending parent has consented under that subsection.

• (4) An intending parent to whom subsection (1)(b)(i) applies, who is not the intending mother, may consent under this section to the use of the embryo in a DAHR procedure in respect of which—

• (a) the intending mother is the intending mother, and

• (b) he or she is not an intending parent.

• (5) A person consents under this section to the use of an embryo in a further DAHR procedure where he or she—

• (a) receives the information referred to in section 17, and

• (b) makes a declaration in accordance with subsections (6) and (7).

• (6) A declaration under subsection (5)(b) shall be made before the donation is made and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of a DAHR facility.

• (7) A declaration under subsection (5)(b) F8[shall be in such form as may be prescribed and] shall include the following statements:

• (a) that the person has received the information referred to in section 17;

• (b) subject to subsection (8), that the person consents to the use in a further DAHR procedure of the embryo;

• (c) that the person is aware that he or she shall not be the parent of any child born as a result of a further DAHR procedure;

• (d) where the embryo was formed from a gamete provided by the person—

• (i) that, in the event that the embryo is used in a further DAHR procedure, the person consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her, and

• (ii) that, in the event that a child is born as a result of a further DAHR procedure, the person—

• (I) consents to the recording in the Register of the information specified in section 33(3)(d) in respect of him or her, and

• (II) understands that the child may, in accordance with section 35, access the information referred to in clause (I), and seek to contact him or her.

• (8) In making a statement referred to in subsection (7)(b), a person may state that his or her consent is restricted to the use of the embryo in a further DAHR procedure performed on the request of—

• (a) an intending mother specified in the statement, where the further DAHR procedure concerned is one to which section 25(3)(b)(i) applies, or

• (b) the intending parents specified in the statement, where the further DAHR procedure concerned is one to which section 25(3)(b)(ii) applies.

• (9) A person’s consent under this section to the use of an embryo in a further DAHR procedure may not be restricted other than as provided for in subsection (8).

• (10) In this section “further DAHR procedure”, means a DAHR procedure to which subsection (2) or (4) applies.

17. Information to be provided for purposes of section 16

17. (1) The operator of a DAHR facility shall, before a person makes a declaration under section 16(5)(b), inform him or her—

• (a) that, in the event that he or she consents under section 16 to the use of the embryo in a further DAHR procedure, and a child is born as a result of that procedure, he or she shall not be the parent of the child,

• (b) of his or her right under section 18, in the event that he or she consents under section 16 to the use of the embryo in a further DAHR procedure, to revoke that consent, and

• (c) where subsection (2) applies, of the matters specified in that subsection.

• (2) Where a person referred to in subsection (1) has provided a gamete that was used in the formation of the embryo concerned, the facility referred to in that subsection shall, in addition, inform the person that—

• (a) in the event that he or she consents under section 16 to the use of the embryo in a further DAHR procedure—

• (i) he or she is entitled to seek the information referred to in section 34(2), and

• (ii) where such a further DAHR procedure is performed, he or she consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her,

and

• (b) in the event that a child is born as a result of the further DAHR procedure—

• (i) the information specified in section 33(3)(d) in relation to him or her shall be recorded on the Register,

• (ii) the child may, in accordance with section 35, access the information specified in section 33(3)(d) in respect of him or her and seek to contact him or her,

• (iii) the person’s entitlement to obtain information recorded on the Register is subject to section 36 and is otherwise restricted to the information referred to in section 34(2), and

• (iv) having regard to the child’s right to his or her identity it is desirable that he or she keep updated, in accordance with section 38(1), the information in relation to him or her that is recorded on the Register.

18. Revocation of consent given under section 14 or 16

18. (1) Subject to subsection (2), a donor under section 14 or 16 of an embryo may, by notice in writing to the operator of the DAHR facility to which his or her declaration under section 14(5)(b) or section 16(5)(b), as the case may be, was made, revoke his or her consent under the relevant section.

• (2) A revocation of consent under subsection (1) shall have no effect in respect of a DAHR procedure or, as the case may be, a further DAHR procedure to which the consent relates that has been performed before the notice under that subsection is received by the operator of the DAHR facility at which the procedure is performed.

19. Payment of reasonable expenses

19. (1) The consent of a donor under section 6 shall not be valid where it is given in exchange for financial compensation in excess of the reasonable expenses associated with the provision of the gamete concerned or the giving of consent under that section.

• (2) The consent of a donor under section 14 or 16 shall not be valid where it is given in exchange for financial compensation in excess of the reasonable expenses specified in subsection (3)(a) or (c) associated with the giving of consent under that section.

• (3) In this section, “reasonable expenses” means, in relation to a donor, the donor’s—

• (a) travel costs,

• (b) medical expenses, and

• (c) any legal or counselling costs,

incurred by him or her in relation to the provision of the gamete or, as the case may be, the giving of consent under this Part.

20. Child to whom this section applies

20. (1) This section applies to a child where—

• (a) the child was born in the State,

• F10[(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,]

• (c) at the time when the DAHR procedure referred to in paragraph (b) was performed, a person was an intending parent of the child and was the only intending parent of the child,

• F10[(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,]

• (e) at the time of an application under section 21 or 22, as the case may be, the person referred to in paragraph (d) remains unknown to the mother of the child and the person referred to in F10[paragraph (c),]

• (f) the mother of the child is recorded as the mother of the child in a register of births and no person, or no person other than the person referred to in paragraph (c), is recorded in that register as the child’s father or F10[parent,]

• F11[(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.]

• (2) In this section and sections 21 to 23 —

F10["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;]

“intending parent” means, in relation to a child who is born as a result of a DAHR procedure, a person, other than the intending mother of the child who, at the time the DAHR procedure is performed, was aware of the performance of the procedure and undertook to care for, and exercise responsibilities towards, any child born as a result of the procedure, as if he or she were the parent of the child;

“register of births”, means a register of births maintained by An tArd-Chláraitheoir under section 13(1)(a) of the Civil Registration Act 2004, as amended, or under the repealed enactments (within the meaning of that Act).

21. Declaration by District Court of parentage of child to whom section 20 applies

21. (1) The persons specified in subsection (2) may jointly apply to the District Court in such manner as may be prescribed by rules of court for a declaration under this section that the person referred to in subsection (2)(b) is the parent of a child to whom section 20 applies.

• (2) An application for a declaration under this section may be made, in relation to a child to whom section 20 applies, by—

• (a) the mother of the child, and

• (b) the person, referred to in section 20(1)(c), who was an intending parent of the child.

• (3) The child to whom an application for a declaration under this section relates shall be joined as a party to the proceedings.

• (4) An application under this section shall be grounded on an affidavit sworn by each applicant, stating that—

• (a) the child to whom the application relates is a child to whom section 20 applies,

• (b) the applicant referred to in subsection (2)(b) was, at the time referred to in section 20(1)(c), the intending parent of the child, and

• (c) he or she consents to the making of a declaration under this section.

• F13[(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.]

• (5) On an application under this section the Court may, at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.

• (6) Where on an application under this section the Attorney General requests to be made a party to the proceedings, the Court shall order that he or she shall be added as a party, and, whether or not he or she so requests, the Attorney General may argue before the Court any question in relation to the application which the Court considers necessary to have fully argued and take such other steps in relation thereto as he or she thinks necessary or expedient.

• (7) The Court may direct that notice of any application under this section shall be given to such other persons as the Court thinks fit and where notice is so given to any person the Court may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings.

• (8) In deciding whether or not to make a declaration under this section the Court shall, to the extent possible given his or her age or understanding, give the child the opportunity to make his or her views on the matter known, and shall have regard to those views.

• (9) Where on an application under this section, the Court is satisfied that—

• (a) the child is a child to whom section 20 applies, and

• (b) where the child has not attained the age of 18 years, it is in the best interests of the child to make the declaration,

it shall make a declaration that the applicant referred to in subsection (2)(b) is a parent of the child.

• (10) Any declaration made under this section shall be binding on the parties to the proceedings and any person claiming through a party to the proceedings, and where the Attorney General is made a party to the proceedings the declaration shall also be binding on the State.

22. Declaration by Circuit Court of parentage of child to whom section 20 applies

22. (1) The persons specified in subsection (2) may apply to the Circuit Court for a declaration under this section that a person named in the application (in this section referred to as a “relevant person”) is the parent of a child to whom section 20 applies.

• (2) An application for a declaration under this section may be made, in relation to a child to whom section 20 applies, by—

• (a) the child,

• (b) the mother of the child, or

• (c) the relevant person.

• (3) The child to whom an application for a declaration under this section relates shall be joined as a party to the proceedings.

• (4) Subsections (5) to (8) of section 21 apply, with all necessary modifications, to an application under this section as they apply to an application under that section.

• (5) An application under this section shall be accompanied by evidence that—

• (a) the child concerned is a child to whom section 20 applies, and

• (b) the relevant person was, at the time referred to in section 20(1)(c), an intending parent of the child concerned.

• F15[(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.]

• (6) Subject to subsection (7), where on an application under this section it is proved on the balance of probabilities that—

• (a) the child concerned is a child to whom section 20 applies, and

• (b) the relevant person was, at the time referred to in section 20(1)(c), an intending parent of the child concerned,

the Circuit Court shall make a declaration that the relevant person is a parent of the child.

• (7) The Circuit Court shall not make a declaration under subsection (6) where it is satisfied that to do so—

• (a) would not be in the best interests of the child concerned, where the child has not attained the age of 18 years, or

• (b) would be contrary to the interests of justice.

• (8) Any declaration made under this section shall be binding on the parties to the proceedings and any person claiming through a party to the proceedings, and where the Attorney General is made a party to the proceedings the declaration shall also be binding on the State.

23. Effect of declaration under section 21 or 22

23. Where a person is declared under section 21 or 22 to be a parent of a child, from the date on which the declaration is made—

• (a) the person shall be deemed to be the parent, under section 5(1)(b), of the child,

• (b) the person, referred to in section 20(1)(d), who provided a gamete that was used in the DAHR procedure that resulted in the birth of the child—

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

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

and

• (c) a reference in any enactment to a mother, father or parent of a child shall be construed as not including, in relation to the child to whom the declaration relates, the person referred to in paragraph (b).

PART 3 Donor-Assisted Human Reproduction

24. Acquisition by operator of DAHR facility of gamete or embryo

24. (1) The operator of a DAHR facility shall not acquire for use in a DAHR procedure a gamete provided by a donor unless, at the time of such acquisition, he or she also acquires the information specified in subsection (3) in respect of the donor.

• (2) The operator of a DAHR facility shall not acquire an embryo for use in a DAHR procedure or a further DAHR procedure unless, at the time of such acquisition, he or she also acquires the information specified in subsection (3) in respect of—

• (a) the donor or, as the case may be, each donor of the embryo who provided a gamete that was used in the formation of the embryo, and

• (b) where applicable, the donor of a gamete that was used in the formation of the embryo.

• (3) The information referred to in subsections (1) and (2), in relation to the donor concerned, is:

• (a) his or her name;

• (b) his or her date and place of birth;

• (c) his or her nationality;

• (d) the date on which, and the place at which, he or she provided the gamete;

• (e) his or her contact details.

25. Performance of DAHR procedure

25. (1) A person shall not perform a DAHR procedure unless the person is—

• (a) a registered medical practitioner, or

• (b) a registered nurse F17[or registered midwife].

• (2) A person shall not perform a DAHR procedure other than on the request of an intending parent.

• (3) A person shall not perform a DAHR procedure on the request of an intending parent unless—

• (a) he or she has first obtained the following information in respect of that intending parent—

• (i) his or her name,

• (ii) his or her date of birth, and

• (iii) his or her address and contact details,

and

• (b) the following applies:

• (i) where the intending mother is the only intending parent, she has consented under section 9 to the parentage under section 5 of a child born to her as a result of the procedure;

• (ii) where the intending parents are the intending mother and her F18[spouse], civil partner or cohabitant—

• (I) the intending mother has consented under section 9 to the parentage under section 5 of a child born as a result of the procedure, and her declaration under section 9(1)(c) includes a statement referred to in section 9(3)(d) in respect of the husband, civil partner or cohabitant concerned, and

• (II) the husband, civil partner or cohabitant concerned has consented under section 11 to being the parent, under section 5, of a child born as a result of the procedure.

26. Use of gamete or embryo in DAHR procedure

26. (1) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor unless—

• (a) the gamete has been acquired in accordance with section 24(1), and

• (b) the donor of that gamete—

• (i) has consented under section 6 to the use of the gamete in a DAHR procedure, or

• (ii) where the gamete is acquired from outside the State, has consented to the use of the gamete in a DAHR procedure, where that consent is substantially the same as that provided for in section 6.

• (2) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure or a further DAHR procedure an embryo unless—

• (a) it has acquired the embryo in accordance with section 24(2), and

• (b) the donor, or as the case may be, each donor of the embryo—

• (i) has consented under section 14 or 16, to the use of the embryo in a DAHR procedure or, as the case may be, a further DAHR procedure, or

• (ii) where the embryo is acquired from outside the State, has consented to the use of the embryo in a DAHR procedure or a further DAHR procedure, where that consent is substantially the same as that provided for in section 14 or, as the case may be, section 16.

• (3) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor, where he or she has become aware that—

• (a) the consent of the donor under section 6 has been revoked under section 8, or

• (b) in the case of a gamete to which subsection (1)(b)(ii) or (5) applies, the consent of the donor referred to in that subsection has been revoked.

• (4) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure or a further DAHR procedure an embryo where he or she has become aware that—

• (a) the consent of the donor under section 14 or, as the case may be, section 16, has been revoked under section 18, or

• (b) in the case of an embryo to which subsection (2)(b)(ii) or (6) applies, the consent of the donor referred to in that subsection has been revoked.

• (5) Notwithstanding subsection (1), for a period of 3 years from the date on which that subsection comes into operation, a gamete to which paragraph (a) of that subsection does not apply may be used in a DAHR procedure where—

• (a) the gamete concerned has been acquired before that date by the DAHR facility concerned,

• (b) the donor of the gamete has consented to the use of the gamete in a DAHR procedure, and

• (c) the intending parent is the parent of a child born as a result of a DAHR procedure performed before that date, where the gamete used in that procedure was provided by the same donor.

• (6) Subsection (2)(a) shall not apply to an embryo where—

• (a) the embryo was formed before the date on which the subsection comes into operation,

• (b) the embryo was acquired by the DAHR facility before that date, and

• (c) the donor or, as the case may be, each donor of the embryo has consented to the use of the embryo in a DAHR procedure or a further DAHR procedure.

• (7) Where an embryo to which subsection (6) applies is used in a DAHR procedure or a further DAHR procedure, nothing in this section shall operate to prevent the recording on the Register of the information specified in section 33(3)(d) in respect of the donor from whose gamete the embryo was formed.

• (8) The operator of a DAHR facility may use or permit to be used in a DAHR procedure an embryo that was formed before the date on which this subsection comes into operation, where—

• (a) the embryo has been formed for the purposes of the DAHR procedure,

• (b) the donor of the gamete that was used in the formation of the embryo has consented to the use of the gamete in a DAHR procedure, and

• (c) each person who, at the time of the formation of the embryo, was an intending parent, has consented under section 9, or as the case may be, section 11, to the parentage under section 5 of a child born as a result of the procedure.

27. Intending parent to provide information to DAHR facility following DAHR procedure

27. (1) Where a DAHR procedure is performed, the intending parent concerned shall, as soon as practicable after becoming aware of the fact, inform the operator of the DAHR facility concerned of the following:

• (a) whether the procedure has led to the pregnancy of the intending mother;

• (b) where the procedure has led to the pregnancy of the intending mother, the date on which the intending mother is expected to give birth.

• (2) Where subsection (1)(b) applies, the intending parent concerned shall, as soon as practicable after the pregnancy of the intending mother has come to an end, inform the DAHR facility concerned of—

• (a) whether the pregnancy resulted in the birth of a live child, and

• (b) where the pregnancy resulted in the birth of a live child, the name, date and place of birth, sex and address of the child.

• (3) Where an intending parent does not comply with subsection (1) or (2), the operator of the DAHR facility concerned shall contact the intending parent concerned in order to obtain the information referred to in the subsection concerned.

• (4) Where an intending parent provides an operator of a DAHR facility with the information referred to in subsection (2)(b), the operator shall furnish the intending parent with a certificate under subsection (5).

• (5) A certificate under this subsection shall be in such form as may be prescribed and shall state—

• (a) that a DAHR procedure was performed at the DAHR facility on the request of the intending parent or parents, and the date on which procedure was performed,

• (b) in relation to the procedure referred to in paragraph (a), whether—

• (i) one gamete provided by a donor was used in the procedure and, if so, whether that gamete was a human egg or a human sperm,

• (ii) each gamete used in the procedure was provided by a donor, or

• (iii) an embryo provided by a donor was used in the procedure,

• (c) whether—

• F20[(i) the gamete referred to in paragraph (b) was one to which subsection (1), (5) or, as the case may be, (8)(b) (other than a gamete to which subsection (1) or (5) also applies) of section 26 applied, or]

• (ii) where applicable, the embryo referred to in paragraph (b)(iii) was one to which subsection (2) or (6) of section 26 applied,

• (d) that the intending mother concerned consented, under section 9, to the parentage under section 5 of a child born as a result of the procedure, and

• (e) where applicable, that the F21[spouse], civil partner or cohabitant of the intending mother consented under section 11 to being the parent of a child born as a result of the procedure.

28. DAHR facility to retain and provide certain information

28. (1) An operator of a donation facility shall retain—

• (a) a written consent of a person made under section 6, and

• (b) a record of the revocation, under section 8, by a person referred to in paragraph (a) of his or her consent.

• (2) An operator of a DAHR facility shall retain—

• (a) a written consent of a person made under section 9, 11, 14 or 16, and

• (b) a record of the revocation, under section 10, 12 or 18, as the case may be, by a person referred to in paragraph (a) of his or her consent.

• (3) Where a DAHR procedure is performed at a DAHR facility, the operator of the facility shall retain a record of—

• (a) all information acquired under section 24 in respect of the donor concerned, and

• (b) all information obtained under section 25(3)(a) in respect of the intending parent concerned.

• (4) The operator of a DAHR facility referred to in subsection (3) shall provide the Minister, for the purpose of the performance by the Minister of his or her functions under section 33, with the following information:

• (a) that a DAHR procedure has been performed at the DAHR facility at the request of the intending parents;

• (b) the information referred to in subsection (3) in respect of the donor and the intending parent;

• (c) where known to the operator—

• (i) whether the procedure has led to the pregnancy of the intending mother, and

• (ii) where the procedure has resulted in the pregnancy of the intending mother, the date on which the intending mother is expected to give birth or, where applicable, the information specified in subsection (5) .

• (5) Where the pregnancy of the intending mother referred to in subsection (4)(c)(i) has come to an end, the information to be provided under that subsection is the following:

• (a) whether the pregnancy resulted in the birth of a live child;

• (b) where the pregnancy resulted in the birth of a live child, the name, date and place of birth, sex and address of the child.

• (6) Subject to subsection (7), the information referred to in subsection (4) shall be provided to the Minister, in relation to each DAHR procedure performed at the DAHR facility, on each of the following dates—

• (a) on a date that is no later than 6 months after the performance of the procedure concerned, and

• (b) on a date that is no earlier than 12 months and no later than 13 months after the performance of the procedure concerned.

• (7) Where the operator of a DAHR facility becomes aware of an error in information provided by it under subsection (4), he or she shall without delay inform the Minister of the error and provide the Minister with corrected information.

29. Minister may require information on compliance by DAHR facility with section 28