Health (Assisted Human Reproduction) Act 2024
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Intending parents - international surrogacy | ||
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92. (1) A surrogacy agreement (SJ) may be entered into by— | ||
(a) two intending parents jointly, or | ||
(b) a single intending parent. | ||
(2) Any intending parent shall have attained the age of 21 years before the section 90 application concerned is made. | ||
(3) Every surrogacy agreement (SJ) shall— | ||
(a) involve an embryo which was or will be created using the gametes of either or both of the intending parents (or, in the case of a single intending parent, the gamete of that intending parent), | ||
(b) require that at least one of the intending parents (or, in the case of a single intending parent, that intending parent) has objectively, and in all the circumstances of the case, a reasonable expectation of living to parent a child born as a result of AHR treatment (SJ) provided pursuant to the agreement until that child has attained the age of 18 years, | ||
(c) involve the following, as appropriate: | ||
(i) in the case of a male and a female as the intending parents— | ||
(I) the female is unable to conceive a child, including as a result of the provision (including the potential provision) of AHR treatment, | ||
(II) the female is unable to gestate a pregnancy to birth, | ||
(III) the female is unlikely to survive a pregnancy or giving birth, or | ||
(IV) the female is likely to have her health significantly adversely affected by a pregnancy or giving birth; | ||
(ii) in the case of two females as the intending parents, each of them— | ||
(I) is unable to conceive a child, including as a result of the provision (including the potential provision) of AHR treatment, | ||
(II) is unable to gestate a pregnancy to birth, | ||
(III) is unlikely to survive a pregnancy or giving birth, or | ||
(IV) is likely to have her health significantly adversely affected by a pregnancy or giving birth; | ||
(iii) the intending parents are both male; | ||
(iv) in the case of a single intending parent, the intending parent is a male or, if a female, she— | ||
(I) is unable to conceive a child, including as a result of the provision (including the potential provision) of AHR treatment, | ||
(II) is unable to gestate a pregnancy to birth, | ||
(III) is unlikely to survive a pregnancy or giving birth, or | ||
(IV) is likely to have her health significantly adversely affected by a pregnancy or giving birth. | ||
(4) The intending parents (or, in the case of a single intending parent, that intending parent) shall give an undertaking in the specified form, before the section 90 application concerned is made, that he or she shall— | ||
(a) take all necessary steps to provide care and protection to, prevent harm or neglect to, and ensure the welfare of, any child born as a result of AHR treatment (SJ) provided pursuant to the surrogacy agreement (SJ), and | ||
(b) make a section 102 application in respect of any child born as a result of AHR treatment (SJ) provided pursuant to the surrogacy agreement (SJ). | ||
(5) An intending parent who provided a gamete used to create the embryo to be transferred pursuant to the surrogacy agreement (SJ) shall submit evidence to the AHR treatment provider (SJ) concerned that he or she has undergone, in the State, the testing required for donors of reproductive cells under Regulation 11 of the Regulations of 2006 before the embryo transfer is undertaken and such evidence shall include the results of such testing. |