(1)A person who has attained the age of 16 (“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 the information contained in the register shows that a person (“the donor”) other than a parent of the applicant would 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
(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,
(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—
(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.
(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.
(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.
(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 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—
“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.]
Textual Amendments
F1Ss. 31-31ZG substituted for s. 31 (6.4.2009 for specified purposes, 1.10.2009 for remaining purposes) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 24, 68(2); S.I. 2009/479, art. 5(d)(h) (with art. 7 Sch.); S.I. 2009/2232, art. 2(k); for savings see S.I. 2009/1892, art. 1(1)(b), Sch. 4 para. 13
Modifications etc. (not altering text)
C1S. 31ZA applied (with modifications) (29.10.2015) by The Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 (S.I. 2015/572), regs. 1, 11