Health (Assisted Human Reproduction) Act 2024
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Chapter 3 Permitted international surrogacy | ||
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Permitted international surrogacy | ||
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89. (1) The surrogacy the subject of a surrogacy agreement (SJ) is a permitted international surrogacy only where the surrogacy is an international surrogacy that has been approved under section 90 by the AHRRA before any AHR treatment (SJ) has been provided pursuant to the agreement and the surrogacy complies with all of the following: | ||
(a) the surrogacy jurisdiction is an approved surrogacy jurisdiction; | ||
(b) the surrogate mother meets the requirements specified in section 91 ; | ||
(c) 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 92 ; | ||
(d) the AHR treatment provider (SJ) gives an undertaking in the specified form, before the section 90 application is made— | ||
(i) that the AHR treatment (SJ) to be provided pursuant to the agreement will, upon each occasion on which it is provided, only involve the transfer of a single embryo to the surrogate mother, | ||
(ii) where an embryo proposed to be transferred pursuant to the agreement was or will be created using a relevant donation (SJG), that the provider will not effect the transfer unless the section 87 consent of the relevant donor (SJG) permits the use of such donation pursuant to such an agreement, and | ||
(iii) that the provider will not disclose the personal details of a relevant donor (SJG) referred to in subparagraph (ii) to the intending parents (or, in the case of a single intending parent, that intending parent); | ||
(e) it is not a commercial surrogacy agreement (SJ) referred to in section 93 ; | ||
(f) 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 (SJG) (if any) and any child born as a result of AHR treatment (SJ) provided pursuant to the agreement are recorded in accordance with sections 99 and 105 ; | ||
(g) without prejudice to the generality of section 80 , the agreement meets all the requirements for a surrogacy agreement to be undertaken in the surrogacy jurisdiction concerned. | ||
(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 international surrogacy, but does not in fact relate to a permitted international 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) For avoidance of doubt, neither subsection (2) nor (3) shall be construed as prohibiting— | ||
(a) the provision of consular assistance and services, including the issuing of travel documents, by or on behalf of the State, or | ||
(b) the giving, by a legal practitioner or legal practitioner (SJ), of legal advice in relation to any agreement or other arrangement— | ||
(i) referred to in subsection (2), or | ||
(ii) which is the equivalent, in another jurisdiction, of any such agreement or arrangement. | ||
(5) Subject to section 80 , 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. |