When donor reproductive cells or embryos may be used
37.—(1)  A licensee must not transfer into the body of a patient any embryo that —
(a)was not created from an oocyte collected from the patient, unless —
(i)the patient is unable to produce any viable oocytes for collection;
(ii)the patient has had one or more unsuccessful attempts at the collection of viable oocytes; or
(iii)a qualified assisted reproduction practitioner who is the licensee’s personnel is of the view that the likelihood of a foetus with no significant health condition or disability developing from any of the patient’s oocytes is low;
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(b)was not created from sperm collected from the patient’s husband, unless —
(i)the patient’s husband is unable to produce viable sperm for fertilisation of an oocyte; or
(ii)a qualified assisted reproduction practitioner who is the licensee’s personnel is of the view that the likelihood of a foetus with no significant health condition or disability developing from any of the patient’s husband’s sperm is low; or
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(c)is a consanguineous embryo.
(2)  Where a donor reproductive cell or donor embryo is used in the provision of an assisted reproduction service by a licensee to a patient, the licensee must ensure the following:
(a)there is a clear set of criteria for the selection and acceptance of donors, which is documented;
(b)donor sperm is accepted only from a man who is at least 21 years of age but below 41 years of age;
(c)a donor oocyte is accepted only from a woman who is at least 21 years of age but below 38 years of age;
(d)a donor embryo is accepted only where the embryo is created from an oocyte from a woman mentioned in sub‑paragraph (c).
(3)  In this regulation —
“consanguineous embryo” means an embryo created from —
(a)an oocyte from a woman and sperm collected from a man who is the woman’s biological grandfather, father, uncle, brother, half‑brother, son, nephew or grandson; or
(b)sperm collected from a man and an oocyte collected from a woman who is the man’s biological grandmother, mother, aunt, sister, half‑sister, daughter, niece or granddaughter;
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“viable oocyte” means an oocyte that can result in the formation of an embryo;
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“viable sperm” means a sperm that can result in the formation of an embryo.
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