Human Fertilisation and Embryology Act 1990

[F1 31ZE Provision of information about donor-conceived genetic siblings U.K.

(1) For the purposes of this section two relevant individuals are donor-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 (“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 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,

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 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) 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 Authority would be required by regulations under that provision to give A or B information which would identify the donor.

(5) In this section—

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

• “the relevant statutory provisions” has the same meaning as in section 31ZA.]

Textual Amendments

F1 Ss. 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)

C1 S. 31ZE applied (with modifications) (29.10.2015) by The Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 (S.I. 2015/572), regs. 1, 15