Health (Assisted Human Reproduction) Act 2024
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Effect of parental order - domestic surrogacy | ||
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67. (1) Where the court grants a parental order in respect of a child— | ||
(a) the child becomes the child of the intending parents (or, in the case of a single intending parent, that intending parent) named in the order, | ||
(b) subject to paragraph (e), the child is no longer the child of any person other than a person named as a parent in the order, | ||
(c) the child will be considered, with regard to the rights and duties of parents and children in relation to each other, as the child of the intending parents (or, in the case of a single intending parent, that intending parent) named in the order, | ||
(d) the surrogate mother of the child will lose all parental rights and is freed from all parental duties in respect of the child, and | ||
(e) the order does not affect any order previously made under section 35 of the Status of Children Act 1987 in respect of an intending parent of the child. | ||
(2) Where the court grants a parental order in respect of a child, it shall, within 14 days immediately following such grant, give, or cause to be given, a copy of the order to an tArd-Chláraitheoir and the AHRRA in order to allow— | ||
(a) an tArd-Chláraitheoir to make, or cause to be made, an entry, in the register of parental orders for surrogacy established and maintained under section 13(1)(m) of the Act of 2004, in accordance with section 35C(2) of that Act, and | ||
(b) the AHRRA to make an entry in the National Surrogacy Register under section 68 (3)(c). | ||
(3) Where the court refuses to grant a parental order in respect of a child, the court shall, within 14 days immediately following such refusal, give, or cause to be given, a notice in writing of the particulars of such refusal to the AHRRA in order to allow the AHRRA to— | ||
(a) make an entry in the National Surrogacy Register in accordance with section 68 (3)(c), and | ||
(b) perform its function under section 68 (2). |