Regulations for Verification on Kinship between the Sperm/Oocyte Donor and the Recipient
1.中華民國九十六年七月三十日行政院衛生署署授國字第 0960400556 號 令、內政部台內戶字第 0960115387 號令會銜訂定發布全文 7 條;並 自發布日施行 2.中華民國九十七年二月二十日行政院衛生署署授國字第 0960401449 號 令、內政部台內戶字第 0970016696 號令會銜修正發布第 3 條條文之 附表一 3.中華民國一百年十一月十七日行政院衛生署署授國字第 10004020022 號令、內政部台內戶字第 1000210434 號令會銜修正發布第 3 條條文 中華民國一百零二年七月十九日行政院院臺規字第 1020141353 號公告 第 6 條所列屬「行政院衛生署國民健康局」之權責事項,自一百零二 年七月二十三日起改由「衛生福利部國民健康署」管轄 4.中華民國一百零三年四月十七日衛生福利部部授國字第 1030400212 號 令、內政部台內戶字第 1030111923 號令會銜修正發布第 6 條條文 5.中華民國一百零四年三月三日衛生福利部部授國字第 1030402883 號令 、內政部台內戶字第 1041201012 號令會銜修正發布第 3 條條文 6.中華民國一百零七年十月五日衛生福利部衛授國字第 1070402455 號令 、內政部台內戶字第 1070067272 號令會銜修正發布全文 8 條;並自 一百零七年十一月十五日施行
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These Regulations are prescribed pursuant to Article 15, Paragraph 2 of the Assisted Reproduction Act (hereinafter referred to as “the Act”).
Assisted Reproduction Institution (hereinafter referred to as the Institution) using the donated reproductive cells to conduct assisted reproduction shall issue a certificate of diagnosis (see Attachment 1) to the recipient couple for applying kinsfolk relation record certificate from local household administration in accordance with the Regulations for Application and Management of Kinsfolk Relation Record.
Those who intend to receive donated sperm or oocyte for assisted reproduction shall apply for kinsfolk relation record certificate of the wife or husband side respectively to include her or his lineal blood relatives and the collateral relatives by blood within the fourth degree of relationship, as well as his or her spouse’s lineal relatives by blood and by marriage. However, if one of the recipient couple is a foreigner with apparent difficulty in obtaining the kinsfolk relation record certificate, they shall submit an Affidavit (see Attachment 2) detailing the reasons and sign in person.
1Prior to conducting the assisted reproduction, the institution shall cross-check the kinsfolk relation record certificate submitted by the recipient couple and the donor’s name, date of birth as well as other personal information. If it is verified that there is no such situations as defined in Article 15, Paragraph 1 of the Act, the Institution shall apply to the competent authority for further verification based on the donor's information in the assisted reproductive database.
2The medical institution shall be obligated to maintain the confidentiality of the kinsfolk relation record of the recipient couple, and shall not disclose any information without justifiable reasons.
The competent authority shall notify the verification result to the Institution within fifteen days after receiving the application in accordance with paragraph 1 of the preceding article.
The Institution can use the verified specific donated reproductive cells to conduct the assisted reproduction for the recipient couple only after receiving the written notice as stated in the preceding article which can approve absence of the situations as defined in Article 15, Paragraph 1 of the Act.
The competent authority may appoint its subordinate Health Promotion Administration or entrust relevant juridical persons or organizations to perform the verification affairs as set in the Regulations.
The Regulations shall become effective from November 15, 2018.