38Use of gametes obtained more than 5 years ago

38 Use of gametes obtained more than 5 years ago (a) it provides ART treatment using a gamete; and (b) the gamete was obtained from a gamete provider more than 5 years before the provision of the ART treatment; and (c) it fails to take reasonable steps to find out whether the gamete provider is alive. (2) Subsection (1) does not apply to an ART provider if— (a) it, or another ART provider that supplied the gamete or embryo, has been contacted by the gamete provider within 5 years before the provision of the treatment; or (b) it knows or believes on reasonable grounds that the gamete provider is deceased. (3) The registrar-general must not refuse an application made under the Births, Deaths and Marriages Registration Act 1997, section 43 (Search of register) if the application is— (a) made for the purposes of this section in a suitable form; and (b) accompanied by any fee determined under that Act.

reasonable steps include— (a) obtaining a certificate under the Births, Deaths and Marriages Registration Act 1997, section 45 (Issue of certificates) about whether the gamete provider’s death has been recorded in the register; and (b) completing any other inquiries prescribed by regulation for finding out whether the gamete provider is alive. register means the register maintained under the Births, Deaths and Marriages Registration Act 1997, section 39.