Health (Assisted Human Reproduction) Act 2024

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Application for parental order - international surrogacy

102. (1) (a) Subject to subsections (2) to (7), an application (in this Part referred to as a “ section 102 application”) may be made to the court for a parental order in respect of a child who was born as a result of AHR treatment provided pursuant to a permitted international surrogacy.

(b) A section 102 application shall be accompanied by—

(i) the required particulars specified in Part 2C of the First Schedule to the Act of 2004,

(ii) subject to subparagraph (iii), if an intermediary was used, particulars of the relevant fees referred to in section 97 (b), and

(iii) particulars of the expenses referred to in section 94 (and regardless of whether or not they form part of the relevant fees referred to in subparagraph (ii)).

(2) A section 102 application may only be made by the intending parents or one of them (or, in the case of a single intending parent, that intending parent).

(3) The following shall be parties to a section 102 application:

(a) the intending parents (or, in the case of a single intending parent, that intending parent);

(b) the surrogate mother;

(c) the child who was born as a result of AHR treatment (SJ) provided pursuant to the permitted international surrogacy.

(4) A section 102 application shall be accompanied by evidence that—

(a) the embryo from which the child the subject of the application was born—

(i) was created using a gamete from not less than one of the intending parents (including a deceased such parent referred to in section 90 (2)(b)(i)) of that child (or, in the case of a single intending parent of that child, was created using a gamete from that intending parent), and

(ii) was not created using an egg from the surrogate mother,

and

(b) the child resides with the intending parents or one of them (or, in the case of a single intending parent, that intending parent) named on the application.

(5) Subject to subsection (6), a section 102 application shall be made not earlier than 28 days, and not later than six months, after the day on which the child was born.

(6) The court may extend the time referred to in subsection (5) if it is satisfied that—

(a) there are exceptional circumstances justifying the extension, and

(b) it is in the best interests of the child to do so.

(7) A section 102 application in respect of a child shall only be made if any living sibling who was born as a result of the same pregnancy is also the subject of the application.

(8) Without prejudice to the generality of section 103 (6) and (7), the AHRRA and the Attorney General shall be served with a copy of the section 102 application.