Health (Assisted Human Reproduction) Act 2024

Consent to child born as result of AHR treatment provided pursuant to surrogacy agreement to live with intending parents

64. (1) Subject to subsection (2), where a child is born as a result of AHR treatment provided pursuant to a surrogacy agreement, the child may reside with the intending parents or one of them (or, in the case of a single intending parent, that intending parent) only if the surrogate mother consents in the specified form thereto.

(2) Subsection (1) shall not apply where the surrogate mother—

(a) is deceased, or

(b) cannot be located after reasonable efforts have been made to find her.