ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 56J Authority may request additional information in order to identify pre-1998 donor

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 56J

    (1)     This section applies if—

        (a)     an application has been made under section 56(1) by a person born as a result of a pre-1998 donor treatment procedure; and

        (b)     there is insufficient information on the Central Register to identify the donor of gametes used in the procedure; and

        (c)     the Authority is satisfied that records identifying the donor are not among records from Prince Henry's Institute of Medical Research in the custody of the Public Record Office; and

        (d)     the applicant consents to the Authority requesting information under this section.

    (2)     Subject to subsections (4) and (5), the Authority may for the purposes of identifying the donor—

        (a)     request information relating to the donor or to the donor treatment procedure from any person (including a registered ART provider); and

        (b)     for the purposes of making a request under paragraph (a), disclose to any person information contained on the Central Register.

    (3)     A request under subsection (2)(a) must be made in accordance with any guidelines issued under section 100A.

    (4)     The Authority must not request information under subsection (2)(a) from a child of a person whose name is entered on the Central Register as a donor unless—

        (a)     the person whose name is entered on the Central Register consents to the Authority making the request; or

        (b)     the child has previously initiated contact with the Authority.

    (5)     The Authority must not request under subsection (2)(a) records relating to pre-1988 donor treatment procedures.

S. 56K inserted by No. 6/2016 s. 15.