Human Fertilisation and Embryology Act 1990

34 Disclosure in interests of justice. U.K.

(1) Where in any proceedings before a court the question whether a person is or is not the parent of a child by virtue of sections 27 to 29 of this Act [F1 or sections 33 to 47 of the Human Fertilisation and Embryology Act 2008] falls to be determined, the court may on the application of any party to the proceedings make an order requiring the Authority—

(a) to disclose whether or not any information relevant to that question is contained in the register kept in pursuance of section 31 of this Act, and

(b) if it is, to disclose so much of it as is specified in the order,

but such an order may not require the Authority to disclose any information falling within [F2 section 31(2)(c) to (e)] of this Act.

(2) The court must not make an order under subsection (1) above unless it is satisfied that the interests of justice require it to do so, taking into account—

(a) any representations made by any individual who may be affected by the disclosure, and

(b) the welfare of the child, if under 18 years old, and of any other person under that age who may be affected by the disclosure.

(3) If the proceedings before the court are civil proceedings, it—

(a) may direct that the whole or any part of the proceedings on the application for an order under subsection (2) above shall be heard in camera, and

(b) if it makes such an order, may then or later direct that the whole or any part of any later stage of the proceedings shall be heard in camera.

(4) An application for a direction under subsection (3) above shall be heard in camera unless the court otherwise directs.

Textual Amendments

F1 Words in s. 34 inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 34; S.I. 2009/479, art. 6(1)(d) (with art. 7 Sch.)

F2 Words in s. 34 substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 7 para. 12; S.I. 2009/2232, art. 2(y)

Commencement Information

I1 S. 34 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)