38Disclosure to parent of offspring

#### 38 Disclosure to parent of offspring 38 Disclosure to parent of offspring > > (1) The Secretary must, if an application in an approved form is made by a parent of a child who was born as a result of ART treatment using a donated gamete, disclose to the parent the following information held on the central register— > > > > > (a) the ethnicity and physical characteristics of the donor of the donated gamete, > > > > > (a1) the relevant medical history of the donor, > > > > > (a2) the sex and year of birth of each offspring of the donor, > > > > > (a3) any information about the donor that the donor has voluntarily given under section 33B (subject to any restrictions on the disclosure of the information specified by the donor under that section), > > > > > (b) any information about any other offspring of the donor that the other offspring has voluntarily given under section 33C (subject to any restrictions on the disclosure of the information specified by the offspring under that section), > > > > > (c) information that identifies the donor, but only if the disclosure of that information is reasonably necessary to save the life of the child or to prevent serious damage to the child’s physical or psychological health and the information cannot reasonably be obtained by the parent in any other way. > > > (2) The Secretary must, if an application in an approved form is made by an appropriate person, disclose to the appropriate person such information as may be disclosed to the parent of a child under subsection (1) if— > > > > > (a) the parent of the child is unwilling or unable to seek the information on the child’s behalf, and > > > > > (b) the information cannot reasonably be obtained by the appropriate person in any other way. > > > (3) The Secretary is not to make a disclosure under this section on the basis of preventing serious damage to the psychological health of a child unless a registered medical practitioner with expertise in mental health or a registered psychologist has certified in writing that the damage is likely to occur unless the disclosure takes place. > > > (4) In this section, appropriate person, in relation to a child, means a person who the Secretary considers to be a representative of the child and to have a genuine interest in the welfare of the child. > > **s 38:** Am 2010 No 102, Sch 2.1 \[11\]; 2016 No 11, Sch 1 \[14\].