S.I. No. 544/2019 - Children and Family Relationships Act 2015 (Consent to Use Declaration) Regulations 2019

1. that I received the information referred to in section 17 of the Act of 2015;

2. (a) that I consent to the use of the embryo in a further DAHR procedure; □

OR

(b) that my consent is restricted to the use of the embryo in a further DAHR procedure performed on the request of -

(i) the intending mother (not being a person making this Declaration), specified as ____________, where the further DAHR procedure concerned is one to which section 25(3)(b)(i) of the Act of 2015 applies, □

or

(ii) the intending parents specified as ___________ (intending mother - not being a person making this Declaration) and ________________ (spouse/civil partner/cohabitant

(delete as appropriate)

of the intending mother), where the further DAHR procedure concerned is one to which section 25(3)(b)(ii) of the Act of 2015 applies; □

3. that I am aware that I shall not be the parent of any child born as a result of a further DAHR procedure;

4. where the embryo was formed from a gamete provided by me -

(a) that, in the event that the embryo is used in a further DAHR procedure, I consent to the provision to the Minister of the following information referred to in section 28(3)(a) of the Act of 2015, namely

(i) my name;

(ii) my date and place of birth;

(iii) my nationality;

(iv) the date on which, and the place at which, I provided the gamete;

(v) my contact details, and

(b) that, in the event that a child is born as a result of a further DAHR procedure, I -

(i) consent to the recording in the National Donor-Conceived Person Register of the information referred to in subparagraph (a), specified in section 33(3)(d) of the Act of 2015 in respect of me,

and

(ii) understand that the child may, in accordance with section 35 of the Act of 2015, access the information referred to in subparagraph (a) and seek to contact me.

Name: ______________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of a DAHR facility

[facility name]

: ________________

Print name: __________________________

Signature: ___________________________

Date: _______________________________

GIVEN under my Official Seal,

4 November, 2019.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations may be cited as the

Children and Family Relationships Act 2015

(Consent to Use Declaration) Regulations 2019.

These Regulations provide for prescribed forms to be used, under Sections 6 (1)(c), 14 (5)(b), and 16(5)(b) of the

Children and Family Relationships Act 2015

, as appropriate, for the purpose of signing a declaration, before a donation is made, that consents to the use of a donated gamete or embryo in a donor assisted human reproduction procedure.

These Regulations come into operation on 5 May 2020.

5. that, in the event that a child is born as a result of a DAHR procedure, I -

(a) consent to the recording on the National Donor-Conceived Person Register of the information referred to in paragraph 4, specified in section 33(3)(d) of the Act of 2015 in respect of me,

and

(b) understand that the child may, in accordance with section 35 of the Act of 2015, access the information referred to in paragraph 4 and seek to contact me.

Name: ______________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of a DAHR facility

[facility name]

: ________________

Print name: __________________________

Signature: ___________________________

Date: _______________________________

SCHEDULE 3

Children and Family Relationships Act 2015

PART 1

Declaration to be made under section 16(5)(b) of the Act of 2015 in a case where subsection (2) applies (both persons consenting to use of the embryo in further DAHR procedure where neither are intending parents)

Form A

THIS DECLARATION IS TO BE MADE BEFORE THE DONATION IS MADE.

Please complete this form in BLOCK CAPITALS.

I, ________________, hereby declare

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

8

th November,

2019.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by

section 41

of the

Children and Family Relationships Act 2015

(No. 9 of 2015), hereby make the following regulations