Birth Information and Tracing Act 2022

Relevant body or Authority to provide medical information relating to genetic relative of relevant person on application by qualifying person

24. (1) A qualifying person may apply in writing to a relevant body for the provision by the relevant body to him or her of medical information that—

(a) is contained in a record to which this section applies that is held by it,

(b) relates to his or her relevant parent or a genetic relative of his or her relevant parent, and

(c) is, in accordance with this section, relevant to the health of the qualifying person.

(2) A relevant body that holds a record to which this section applies, on application to it under subsection (1), shall provide the qualifying person concerned with the information to which the application relates only—

(a) where it is satisfied, including having regard to guidelines issued under subsection (4), that the medical information applied for is relevant to the health of the qualifying person, and

(b) through the medical practitioner or, where the qualifying person is in a place outside the State, a person holding an equivalent qualification in the place, nominated by the qualifying person.

(3) In providing medical information in accordance with subsection (2), the relevant body shall comply with any regulations under section 67 and guidelines under this section and section 25 (1) and, where the information relates to a person other than the relevant parent concerned, shall not disclose—

(a) the name, or

(b) the genetic relationship with the relevant parent,

of the person to whom the information relates.

(4) The Minister may issue guidelines in respect of the type of medical information relating to his or her relevant parent, or a genetic relative of his or her relevant parent, that is, or is likely to be, relevant to the health of a qualifying person.

(5) In preparing guidelines under subsection (4), the Minister may consult with such persons, including persons with expertise in the area of hereditary medical conditions, as he or she considers appropriate.

(6) Where a relevant body that receives an application under subsection (1) does not hold the information to which the application relates, it shall, in writing and without delay, inform the qualifying person concerned of that fact.

(7) For the purposes of this section, medical information the subject of an application under subsection (1) is relevant to the health of a qualifying person where—

(a) it relates to a medical condition of the relevant parent or genetic relative concerned, or the absence of such a condition, and

(b) by virtue of the genetic relationship between the qualifying person and the relevant parent or genetic relative concerned, access by the qualifying person to the information is likely to be of substantial benefit to the maintenance or management of the person’s health or the health of another person related to the qualifying person.

(8) This section applies to a record—

(a) relating to the adoption of a person,

(b) relating to a care arrangement, or

(c) created or held by a registered adoption society or an institution specified in the Schedule.