Donor Assisted Human Reproduction Regulations

he Children and Family Relationship Act 2015 came into effect on the 4th of May 2020.  Parts 2 & 3 relate to the regulation of donor assisted human reproduction [ D.A.H.R.] procedures carried out in Ireland and clarify the legal position of all parties involved and importantly the legal parentage of children born by way of D.A.H.R.

From the 4th. of May the use of donor sperm or eggs and donor embryos must comply with these regulations.  The Act allows donor conceived children access to information on their genetic heritage.

The main provisions of the Act are as follows: –

  1. Donors must sign away parental rights and consent to their donation being used in a D.A.H.R. procedure.
  2. The birth mother and the other intending parent must consent to their information being held on the Donor-Conceived-Person Register.
  3. Certification of a D.A.H.R. procedure allows both intending parents to be named on the birth certificate of the child.

The majority of anonymously donated sperm or eggs will no longer be eligible to be used in Irish fertility clinics. There is a three-year transitional period, which allows a sibling to be conceived using the same donor. In these cases, anonymously donated sperm of eggs may be used until 4 May 2023.

For children born prior to 4 May 2020 a Declaration of Parentage will be needed from either the District Court or Circuit Court. If you have conceived a child by way of  D.A.H.R. and wish to apply for a declaration or amend a birth certificate to name both parents please contact Burns Nowlan for further information.

Unfortunately, surrogacy is not covered under this Act but will be addressed in the proposed forthcoming Assisted Human Reproduction Bill.

For more information contact us on 045 432382 or info@bnsolicitors.ie

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