Health (Assisted Human Reproduction) Act 2024
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Permitted surrogacy | ||
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52. (1) The surrogacy the subject of a surrogacy agreement is a permitted surrogacy only where the surrogacy is a domestic surrogacy that has been approved under section 53 by the AHRRA before any AHR treatment has been provided pursuant to the agreement and the surrogacy complies with all of the following: | ||
(a) the surrogate mother meets the requirements specified in section 55 ; | ||
(b) the intending parents together as a couple meet (or, in the case of a single intending parent, that intending parent meets) the requirements specified in section 56 ; | ||
(c) it is not a commercial surrogacy agreement referred to in section 57 ; | ||
(d) the personal details of the intending parents (or, in the case of a single intending parent, the personal details of that intending parent), the surrogate mother, the relevant donor (G) (if any) and any child born as a result of AHR treatment provided pursuant to the surrogacy agreement are recorded in accordance with sections 62 and 68 . | ||
(2) Subject to subsections (4) and (5), a person shall not knowingly provide a technical, professional or medical service that is to give effect or further effect to any agreement or other arrangement which purports to relate to a permitted surrogacy, but does not in fact relate to a permitted surrogacy. | ||
(3) Without prejudice to the generality of subsection (2), a person shall not— | ||
(a) knowingly participate in any agreement or other arrangement referred to in that subsection, or | ||
(b) induce or attempt to induce another person to participate in any such agreement or other arrangement. | ||
(4) Neither subsection (2) nor (3) shall be construed as prohibiting a legal practitioner from giving legal advice in relation to any agreement or other arrangement— | ||
(a) referred to in subsection (2), or | ||
(b) which is the equivalent, in another jurisdiction, of any such agreement or arrangement. | ||
(5) Nothing in this section shall be construed as prohibiting a person from providing medical treatment to a woman after she is pregnant if the person is, at the time of providing such treatment, lawfully entitled to provide the treatment in the State. |