Statutory Instruments
2004 No. 1511
HUMAN FERTILISATION AND EMBRYOLOGY
The Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004
Made
14th June 2004
Coming into force
1st July 2004
Whereas a draft of these Regulations has been approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 31(4)(a) and 45(1) to (3) of the Human Fertilisation and Embryology Act 1990( 1 ), and of all other powers enabling him in that behalf, hereby makes the following Regulations—
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004 and come into force on 1st July 2004.
(2) In these Regulations—
“the Act” means the Human Fertilisation and Embryology Act 1990;
“applicant” means a person who has requested information under section 31(4) of the Act;
“donor” means the person who has provided the sperm, eggs or embryos that have been used for treatment services in consequence of which the applicant was, or may have been, born.
Information that the Authority is required to give
2. —(1) Subject to paragraph (4), the information contained in the register which the Authority is required to give an applicant by virtue of section 31(4)(a) of the Act is any information to which paragraph (2) or (3) applies.
(2) This paragraph applies to information as to—
(a) the sex, height, weight, ethnic group, eye colour, hair colour, skin colour, year of birth, country of birth and marital status of the donor;
(b) whether the donor was adopted;
(c) the ethnic group or groups of the donor’s parents;
(d) the screening tests carried out on the donor and information on his personal and family medical history;
(e) where the donor has a child, the sex of that child and where the donor has children, the number of those children and the sex of each of them;
(f) the donor’s religion, occupation, interests and skills and why the donor provided sperm, eggs or embryos;
(g) matters contained in any description of himself as a person which the donor has provided;
(h) any additional matter which the donor has provided with the intention that it be made available to an applicant;
but does not include information which may identify the donor by itself or in combination with any other information which is in, or is likely to come into, the possession of the applicant.
(3) This paragraph applies to information from which the donor may be identified which he provides after 31st March 2005 to a person to whom a licence applies, being information as to—
(a) any matter specified in sub-paragraphs (a) to (h) of paragraph (2);
(b) the surname and each forename of the donor and, if different, the surname and each forename of the donor used for the registration of his birth;
(c) the date of birth of the donor and the town or district in which he was born;
(d) the appearance of the donor;
(e) the last known postal address of the donor.
(4) The information which the Authority is required to give to the applicant does not include any information which at the time of his request the applicant indicates that he does not wish to receive.
Melanie Johnson
Parliamentary Under-Secretary of State,
Department of Health
14th June 2004