Health (Assisted Human Reproduction) Act 2024
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Role of intermediaries | ||
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97. Notwithstanding sections 93 and 96 , the services of an intermediary in a surrogacy jurisdiction may be availed of by intending parents (or, in the case of a single intending parent, that intending parent) in a permitted international surrogacy only if— | ||
(a) the provision of those services by that intermediary in that jurisdiction to those intending parents (or, in the case of a single intending parent, that intending parent) is so provided in accordance with the law of that jurisdiction, and | ||
(b) the fees paid to the intermediary for the provision of those services to those intending parents (or, in the case of a single intending parent, that intending parent) (in this paragraph referred to as the “relevant fees”) are reasonable having regard to all the circumstances of the case, including— | ||
(i) the nature of those services, | ||
(ii) the level of fees paid in that jurisdiction for services (if any) comparable to those services, and | ||
(iii) where a legal, medical or counselling service (or any combination thereof) related to the permitted international surrogacy is provided in that jurisdiction to those intending parents (or, in the case of a single intending parent, that intending parent) through the intermediary, the relevant fees as a proportion of the combination of the relevant fees and the professional fees paid for the legal, medical or counselling service (or, as the case may be, the combination of the professional fees paid for the legal, medical and counselling services). |