Health (Assisted Human Reproduction) Act 2024

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Provisions supplementary to section 83

84. (1) This section applies without prejudice to the generality of section 83 .

(2) The AHR information document (SJ) for a type of AHR treatment (SJ) to be provided pursuant to a surrogacy agreement (SJ) shall inform the surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent) involved of the following matters in relation to the law of the State:

(a) that the surrogate mother will be the mother of any child born as a result of AHR treatment (SJ) provided pursuant to the agreement;

(b) that the surrogate mother’s husband (if any) under a subsisting marriage will not be presumed to be the father of any child born as a result of AHR treatment (SJ) provided pursuant to the agreement;

(c) that the intending parents (or, in the case of a single intending parent, that intending parent) will not, without a parental order, be the parents (or, in the case of a single intending parent, the parent) of any child born as a result of AHR treatment (SJ) provided pursuant to the agreement other than in the case of an intending parent who provided the sperm used in such treatment;

(d) where a relevant donation (SJG) will be used to create the embryo to be transferred to the surrogate mother pursuant to the agreement, the relevant donor (SJG) will not be a parent of the child;

(e) that the information specified in section 99 (1) will be recorded in the National Surrogacy Register in respect of—

(i) the surrogate mother,

(ii) the intending parents (or, in the case of a single intending parent, that intending parent),

(iii) any child born as a result of AHR treatment (SJ) provided pursuant to the agreement, and

(iv) where a relevant donation (SJG) was used to create the embryo that was transferred pursuant to the agreement, the relevant donor (SJG);

(f) that any person born as a result of AHR treatment (SJ) provided pursuant to the agreement may, in accordance with the provisions of Chapter 3—

(i) access the information pertaining to each party to the agreement recorded on the National Surrogacy Register, and

(ii) seek to contact any party to the agreement;

(g) that, where a relevant donation (SJG) will be used to create the embryo to be transferred to the surrogate mother pursuant to the agreement, the relevant donor (SJG) is entitled to obtain from the National Surrogacy Register the information specified in section 107 (2);

(h) that the intending parents (or, in the case of a single intending parent, that intending parent) have (or has) an obligation under section 99 (3) to cause the information specified in that section to be given by the AHR treatment provider (SJ) to the AHRRA;

(i) having regard to the child’s right to know his or her origins, that it is desirable that—

(i) the surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent) keep updated, in accordance with section 111 , the information in relation to him or her that is recorded on the National Surrogacy Register, and

(ii) the intending parents (or, in the case of a single intending parent, that intending parent) inform the child, at an appropriate age, that he or she was born as a result of AHR treatment (SJ) provided pursuant to the agreement;

(j) the right of the surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent) to revoke, or revoke and replace, his or her section 87 consent.