Health (Assisted Human Reproduction) Act 2024
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Surrogate mothers - international surrogacy | ||
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91. (1) Subject to subsection (2), a woman may act as a surrogate mother under a surrogacy agreement (SJ) only if— | ||
(a) she has previously given birth to a child before entering into the agreement, | ||
(b) she has attained the age of 25 years before entering into the agreement, | ||
(c) there is a report from the AHR counsellor (SJ) who gave her the AHR counselling (SJ) referred to in paragraph (c) of the definition of “AHR counselling (SJ)” in section 79 that she is suitable to act as a surrogate mother, and | ||
(d) she has been assessed and approved as suitable to act as a surrogate mother by an appropriate medical specialist or a medical practitioner (within the meaning of section 2 of the Act of 2007) who is, in the surrogacy jurisdiction concerned, the equivalent of such specialist. | ||
(2) (a) A surrogacy agreement (SJ) is not a permitted international surrogacy if the surrogate mother has, before entering into such agreement, been a surrogate mother upon more than one occasion, and where on at least two such occasions a clinical pregnancy was achieved. | ||
(b) In paragraph (a)— | ||
“clinical pregnancy” means a pregnancy not less than six weeks in gestation and in respect of which there is evidence of a gestational sac having been identified through an ultrasound scan; | ||
“surrogate mother” includes, in addition to a surrogate mother as defined in section 2 , a woman who, before the commencement of this subsection, has entered into an agreement with the intending parents concerned (or, in the case of a single intending parent, that intending parent) under which she has agreed to attempt to become pregnant, whether or not by the use of her own egg, and, if successful, to transfer the parentage of any child born as a result of the pregnancy to the intending parents (or, in the case of a single intending parent, that intending parent). |