Health (Assisted Human Reproduction) Act 2024
|
Consent - international surrogacy | ||
|
87. (1) Subject to subsection (2), the AHRRA shall not approve under section 90 a surrogacy agreement (SJ) attached to a section 90 application unless it is satisfied that consent in the specified form (in this Part referred to as “ section 87 consent”) to the provision of AHR treatment (SJ) (including every stage of such treatment) pursuant to the agreement to a person has been given by— | ||
(a) that person, and | ||
(b) each relevant person. | ||
(2) A person’s section 87 consent shall not be considered valid unless— | ||
(a) it was given voluntarily, | ||
(b) the person had the capacity to give such consent at the time it was given, | ||
(c) section 86 has been complied with, and | ||
(d) it can be revoked, or revoked and replaced, by the person giving the consent. | ||
(3) In this section, “relevant person”, in relation to a person seeking AHR treatment (SJ), means, if such person is an intending parent, the other intending parent (if any). |