Health (Assisted Human Reproduction) Act 2024

Interaction of National Surrogacy Register and register of births - international surrogacy

106. (1) This section applies where a child (AHR) was born in the State and any of the following events (in this section referred to as a “relevant event”) occurs:

(a) the AHRRA receives the copy of a parental order in respect of the child (AHR) from the court under section 104 (2);

(b) the AHRRA is notified under section 104 (4) of a refusal of the court to grant a parental order in respect of the child (AHR).

(2) The AHRRA shall give notice in writing to an tArd-Chláraitheoir of the relevant event (which, in the case of a relevant event which falls within subsection (1)(a), shall have a copy of the parental order attached to it) in order to enable an tArd Chláraitheoir to note in the entry in the register of births in respect of the child (AHR) that the child was born as a result of AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ) and that additional information is available from the National Surrogacy Register in respect of the child (AHR).

(3) The note referred to in subsection (2) may only be given to the child (AHR) on or after he or she becomes an adult (AHR).

(4) Where the child (AHR), on or after becoming an adult (AHR), applies for a copy of his or her birth certificate, an tArd-Chláraitheoir shall, when issuing a copy of the birth certificate, inform the adult (AHR) that further information relating to him or her is available on the National Surrogacy Register.

(5) In this section—

“birth certificate” means a document issued under section 13(4) of the Act of 2004 in respect of an entry in the register of births;

“register of births” means a register of births maintained by an tArd-Chláraitheoir under—

(a) section 13(1)(a) of the Act of 2004, or

(b) the repealed enactments (within the meaning of the Act of 2004).