Health (Assisted Human Reproduction) Act 2024
PART 12 Past Domestic and International Surrogacy | ||
Chapter 1 Past domestic surrogacy | ||
Definitions – Chapter 1 | ||
202. In this Chapter— | ||
“Court” means the High Court; | ||
“parental order” means an order granted by the Court under section 205 for the transfer of the parentage of a child; | ||
“past domestic surrogacy” means a surrogacy agreement— | ||
(a) entered into before the commencement of section 204 by— | ||
(i) a surrogate mother who has been habitually and lawfully resident in the State, immediately before so entering into the agreement— | ||
(I) for such period longer than one year as may be prescribed, or | ||
(II) if no such period stands prescribed, for not less than one year, | ||
and | ||
(ii) either— | ||
(I) both intending parents, not less than one of whom has been habitually and lawfully resident in the State, immediately before so entering into the agreement— | ||
(A) for such period longer than one year as may be prescribed, or | ||
(B) if no such period stands prescribed, for not less than one year, | ||
or | ||
(II) in the case of a single intending parent, that intending parent where he or she has been habitually and lawfully resident in the State, immediately before so entering into the agreement— | ||
(A) for such period longer than one year as may be prescribed, or | ||
(B) if no such period stands prescribed, for not less than one year, | ||
and | ||
(b) under which the embryo transfer was undertaken— | ||
(i) before the commencement of section 204 , and | ||
(ii) either— | ||
(I) in the State, or | ||
(II) in a place outside the State where the person who undertook such transfer was authorised to do so under the law of that place; | ||
“relevant child” shall be construed in accordance with section 204 (1); | ||
“ section 204 application” shall be construed in accordance with section 204 (1); | ||
“surrogacy agreement (P)” means a surrogacy agreement referred to in the definition of “past domestic surrogacy”. |