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Human Fertilisation and Embryology Bill [HL]


Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990

20

 

(a)   

immediately before the coming into force of section 24 of the

Human Fertilisation and Embryology Act 2008, was contained

in the register kept under this section by the Authority, or

(b)   

is obtained by the Authority.

(2)   

Subject to subsection (3), information falls within this subsection if it

5

relates to—

(a)   

the provision for any identifiable individual of treatment

services other than basic partner treatment services,

(b)   

the procurement or distribution of any sperm, other than sperm

which is partner-donated sperm and has not been stored, in the

10

course of providing non-medical fertility services for any

identifiable individual,

(c)   

the keeping of the gametes of any identifiable individual or of

an embryo taken from any identifiable woman,

(d)   

the use of the gametes of any identifiable individual other than

15

their use for the purpose of basic partner treatment services, or

(e)   

the use of an embryo taken from any identifiable woman,

   

or if it shows that any identifiable individual is a relevant individual.

(3)   

Information does not fall within subsection (2) if it is provided to the

Authority for the purposes of any voluntary contact register as defined

20

by section 31ZF(1).

(4)   

In this section “relevant individual” means an individual who was or

may have been born in consequence of—

(a)   

treatment services, other than basic partner treatment services,

or

25

(b)   

the procurement or distribution of any sperm (other than

partner-donated sperm which has not been stored) in the course

of providing non-medical fertility services.

31ZA    

Request for information as to genetic parentage etc.

(1)   

A person who has attained the age of 16 (“the applicant”) may by notice

30

to the Authority require the Authority to comply with a request under

subsection (2).

(2)   

The applicant may request the Authority to give the applicant notice

stating whether or not the information contained in the register shows

that a person (“the donor”) other than a parent of the applicant would

35

or might, but for the relevant statutory provisions, be the parent of the

applicant, and if it does show that—

(a)   

giving the applicant so much of that information as relates to

the donor as the Authority is required by regulations to give

(but no other information), or

40

(b)   

stating whether or not that information shows that there are

other persons of whom the donor is not the parent but would or

might, but for the relevant statutory provisions, be the parent

and if so—

(i)   

the number of those other persons,

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(ii)   

the sex of each of them, and

(iii)   

the year of birth of each of them.

(3)   

The Authority shall comply with a request under subsection (2) if—

 
 

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990

21

 

(a)   

the information contained in the register shows that the

applicant is a relevant individual, and

(b)   

the applicant has been given a suitable opportunity to receive

proper counselling about the implications of compliance with

the request.

5

(4)   

Where a request is made under subsection (2)(a) and the applicant has

not attained the age of 18 when the applicant gives notice to the

Authority under subsection (1), regulations cannot require the

Authority to give the applicant any information which identifies the

donor.

10

(5)   

Regulations cannot require the Authority to give any information as to

the identity of a person whose gametes have been used or from whom

an embryo has been taken if a person to whom a licence applied was

provided with the information at a time when the Authority could not

have been required to give information of the kind in question.

15

(6)   

The Authority need not comply with a request made under subsection

(2)(b) by any applicant if it considers that special circumstances exist

which increase the likelihood that compliance with the request would

enable the applicant—

(a)   

to identify the donor, in a case where the Authority is not

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required by regulations under subsection (2)(a) to give the

applicant information which identifies the donor, or

(b)   

to identify any person about whom information is given under

subsection (2)(b).

(7)   

In this section—

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“relevant individual” has the same meaning as in section 31;

“the relevant statutory provisions” means sections 27 to 29 of this

Act and sections 33 to 47 of the Human Fertilisation and

Embryology Act 2008.

31ZB    

Request for information as to intended spouse etc.

30

(1)   

Subject to subsection (4), a person (“the applicant”) may by notice to the

Authority require the Authority to comply with a request under

subsection (2).

(2)   

The applicant may request the Authority to give the applicant notice

stating whether or not information contained in the register shows that,

35

but for the relevant statutory provisions, the applicant would or might

be related to a person specified in the request (“the specified person”)

as—

(a)   

a person whom the applicant proposes to marry,

(b)   

a person with whom the applicant proposes to enter into a civil

40

partnership, or

(c)   

a person with whom the applicant is in an intimate physical

relationship or with whom the applicant proposes to enter into

an intimate physical relationship.

(3)   

Subject to subsection (5), the Authority shall comply with a request

45

under subsection (2) if—

(a)   

the information contained in the register shows that the

applicant is a relevant individual,

 
 

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990

22

 

(b)   

the Authority receives notice in writing from the specified

person consenting to the request being made and that notice has

not been withdrawn, and

(c)   

the applicant and the specified person have each been given a

suitable opportunity to receive proper counselling about the

5

implications of compliance with the request.

(4)   

A request may not be made under subsection (2)(c) by a person who has

not attained the age of 16.

(5)   

Where a request is made under subsection (2)(c) and the specified

person has not attained the age of 16 when the applicant gives notice to

10

the Authority under subsection (1), the Authority must not comply

with the request.

(6)   

Where the Authority is required under subsection (3) to comply with a

request under subsection (2), the Authority must take all reasonable

steps to give the applicant and the specified person notice stating

15

whether or not the information contained in the register shows that, but

for the relevant statutory provisions, the applicant and the specified

person would or might be related.

(7)   

In this section—

(a)   

“relevant individual” has the same meaning as in section 31;

20

and

(b)   

“the relevant statutory provisions” has the same meaning as in

section 31ZA.

31ZC    

Power of Authority to inform donor of request for information

(1)   

Where—

25

(a)   

the Authority has received from a person (“the applicant”) a

notice containing a request under subsection (2)(a) of section

31ZA, and

(b)   

compliance by the Authority with its duty under that section

has involved or will involve giving the applicant information

30

relating to a person other than the parent of the applicant who

would or might, but for the relevant statutory provisions, be a

parent of the applicant (“the donor”),

   

the Authority may notify the donor that a request under section

31ZA(2)(a) has been made, but may not disclose the identity of the

35

applicant or any information relating to the applicant.

(2)   

In this section “the relevant statutory provisions” has the same meaning

as in section 31ZA.

31ZD    

Provision to donor of information about resulting children

(1)   

This section applies where a person (“the donor”) has consented under

40

Schedule 3 (whether before or after the coming into force of this section)

to—

(a)   

the use of the donor’s gametes, or an embryo the creation of

which was brought about using the donor’s gametes, for the

purposes of treatment services provided under a licence, or

45

(b)   

the use of the donor’s gametes for the purposes of non-medical

fertility services provided under a licence.

 
 

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990

23

 

(2)   

In subsection (1)—

(a)   

“treatment services” do not include treatment services provided

to the donor, or to the donor and another person together, and

(b)   

“non-medical fertility services” do not include any services

involving partner-donated sperm.

5

(3)   

The donor may by notice request the appropriate person to give the

donor notice stating—

(a)   

the number of persons of whom the donor is not a parent but

would or might, but for the relevant statutory provisions, be a

parent by virtue of the use of the gametes or embryos to which

10

the consent relates,

(b)   

the sex of each of those persons, and

(c)   

the year of birth of each of those persons.

(4)   

Subject to subsections (5) to (7), the appropriate person shall notify the

donor whether the appropriate person holds the information

15

mentioned in subsection (3) and, if the appropriate person does so,

shall comply with the request.

(5)   

The appropriate person need not comply with a request under

subsection (3) if the appropriate person considers that special

circumstances exist which increase the likelihood that compliance with

20

the request would enable the donor to identify any of the persons

falling within paragraphs (a) to (c) of subsection (3).

(6)   

In the case of a donor who consented as described in subsection (1)(a),

the Authority need not comply with a request made to it under

subsection (3) where the person who held the licence referred to in

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subsection (1)(a) continues to hold a licence under paragraph 1 of

Schedule 2, unless the donor has previously made a request under

subsection (3) to the person responsible and the person responsible—

(a)   

has notified the donor that the information concerned is not

held, or

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(b)   

has failed to comply with the request within a reasonable

period.

(7)   

In the case of a donor who consented as described in subsection (1)(b),

the Authority need not comply with a request made to it under

subsection (3) where the person who held the licence referred to in

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subsection (1)(b) continues to hold a licence under paragraph 1A of

Schedule 2, unless the donor has previously made a request under

subsection (3) to the person responsible and the person responsible—

(a)   

has notified the donor that the information concerned is not

held, or

40

(b)   

has failed to comply with the request within a reasonable

period.

(8)   

In this section “the appropriate person” means—

(a)   

in the case of a donor who consented as described in paragraph

(a) of subsection (1)—

45

(i)   

where the person who held the licence referred to in that

paragraph continues to hold a licence under paragraph

1 of Schedule 2, the person responsible, or

(ii)   

the Authority, and

 
 

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990

24

 

(b)   

in the case of a donor who consented as described in paragraph

(b) of subsection (1)—

(i)   

where the person who held the licence referred to in that

paragraph continues to hold a licence under paragraph

1A of Schedule 2, the person responsible, or

5

(ii)   

the Authority.

(9)   

In this section “the relevant statutory provisions” has the same meaning

as in section 31ZA.

31ZE    

Provision of information about donor-conceived genetic siblings

(1)   

For the purposes of this section two relevant individuals are donor-

10

conceived genetic siblings of each other if a person (“the donor”) who

is not the parent of either of them would or might, but for the relevant

statutory provisions, be the parent of both of them.

(2)   

Where—

(a)   

the information on the register shows that a relevant individual

15

(“A”) is the donor-conceived genetic sibling of another relevant

individual (“B”),

(b)   

A has provided information to the Authority (“the agreed

information”) which consists of or includes information which

enables A to be identified with the request that it should be

20

disclosed to—

(i)   

any donor-conceived genetic sibling of A, or

(ii)   

such siblings of A of a specified description which

includes B, and

(c)   

the conditions in subsection (3) are satisfied,

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then, subject to subsection (4), the Authority shall disclose the agreed

information to B.

(3)   

The conditions referred to in subsection (2)(c) are—

(a)   

that each of A and B has attained the age of 18,

(b)   

that B has requested the disclosure to B of information about

30

any donor-conceived genetic sibling of B, and

(c)   

that each of A and B has been given a suitable opportunity to

receive proper counselling about the implications of disclosure

under subsection (2).

(4)   

The Authority need not disclose any information under subsection (2)

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if it considers that the disclosure of information will lead to A or B

identifying the donor unless—

(a)   

the donor has consented to the donor’s identity being disclosed

to A or B, or

(b)   

were A or B to make a request under section 31ZA(2)(a), the

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Authority would be required by regulations under that

provision to give A or B information which would identify the

donor.

(5)   

In this section—

(a)   

“relevant individual” has the same meaning as in section 31;

45

and

(b)   

“the relevant statutory provisions” has the same meaning as in

section 31ZA.

 
 

 
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