Cases where consent not required for storage

9

1

The gametes of a person (“C”) may be kept in storage without C’s consent if the following conditions are met.

2

Condition A is that the gametes are lawfully taken from or provided by C before C attains the age of 18 years.

3

Condition B is that, before the gametes are first stored, a registered medical practitioner certifies in writing that C is expected to undergo medical treatment and that in the opinion of the registered medical practitioner—

a

the treatment is likely to cause a significant impairment of C’s fertility, and

b

the storage of the gametes is in C’s best interests.

4

Condition C is that, at the time when the gametes are first stored, either—

a

C has not attained the age of 16 years and is not competent to deal with the issue of consent to the storage of the gametes, or

b

C has attained that age but, although not lacking capacity to consent to the storage of the gametes, is not competent to deal with the issue of consent to their storage.

5

Condition D is that C has not, since becoming competent to deal with the issue of consent to the storage of the gametes—

a

given consent under this Schedule to the storage of the gametes, or

b

given written notice to the person keeping the gametes that C does not wish them to continue to be stored.

6

In relation to Scotland, sub-paragraphs (1) to (5) are to be read with the following modifications—

a

for sub-paragraph (4), substitute—

4

Condition C is that, at the time when the gametes are first stored, C does not have capacity (within the meaning of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991) to consent to the storage of the gametes.

b

in sub-paragraph (5), for “becoming competent to deal with the issue of consent to the storage of the gametes” substitute “acquiring such capacity”.

10

1

The gametes of a person (“P”) may be kept in storage without P’s consent if the following conditions are met.

2

Condition A is that the gametes are lawfully taken from or provided by P after P has attained the age of 16 years.

3

Condition B is that, before the gametes are first stored, a registered medical practitioner certifies in writing that P is expected to undergo medical treatment and that in the opinion of the registered medical practitioner—

a

the treatment is likely to cause a significant impairment of P’s fertility,

b

P lacks capacity to consent to the storage of the gametes,

c

P is likely at some time to have that capacity, and

d

the storage of the gametes is in P’s best interests.

4

Condition C is that, at the time when the gametes are first stored, P lacks capacity to consent to their storage.

5

Condition D is that P has not subsequently, at a time when P has capacity to give a consent under this Schedule—

a

given consent to the storage of the gametes, or

b

given written notice to the person keeping the gametes that P does not wish them to continue to be stored.

6

In relation to Scotland—

a

references in sub-paragraphs (3) and (4) to P lacking capacity to consent are to be read as references to P being incapable, within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000, of giving such consent,

b

the references in sub-paragraphs (3) and (5) to P having capacity are to be read as references to P not being so incapable, and

c

that Act applies to the storage of gametes under this paragraph to the extent specified in section 84A of that Act.

11

A person’s gametes must not be kept in storage by virtue of paragraph 9 or 10 after the person’s death.