Health (Assisted Human Reproduction) Act 2024
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Grant of parental order and relevant child (Chapter 1) | ||
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205. (1) Subject to subsections (2) to (4), the Court may grant an order pursuant to a section 204 application if it is satisfied that— | ||
(a) subject to section 204 (9), the evidence referred to in subsection (4) of section 204 proves the matters referred to in paragraphs (a), (b) and (c) of that subsection, | ||
(b) the intending parents (or, in the case of a single intending parent, that intending parent) named in the application consent to the granting of the order, | ||
(c) subject to paragraph (g), the surrogate mother consents to the granting of the order and the recording of information required under section 207 , including confirmation that she understands that the relevant child may, in accordance with the provisions of this Chapter— | ||
(i) access the information specified in section 207 (2), and | ||
(ii) seek to contact any or all parties to the surrogacy agreement (P), | ||
(d) at the time of the hearing of the application, where the relevant child has not attained the age of 18 years, the child continues to reside with the intending parents or one of them (or, in the case of a single intending parent, that intending parent) named on the application, | ||
(e) subject to paragraph (g), where the relevant child has attained the age of 18 years, he or she consents to the granting of the order, | ||
(f) where the relevant child has not attained the age of 18 years, the granting of the order is in the best interests of the child, and | ||
(g) a consent referred to in paragraph (c) or (e) was given by a person— | ||
(i) voluntarily, | ||
(ii) when he or she had the capacity to do so, and | ||
(iii) only after he or she had received independent legal advice from a legal practitioner about the legal implications of giving such consent. | ||
(2) (a) The Court may waive a requirement under subsection (1) for consent from an intending parent, in the case of two intending parents, if he or she— | ||
(i) is deceased, | ||
(ii) cannot be located after reasonable efforts have been made to find him or her, or | ||
(iii) lacks the capacity to make a decision in that regard. | ||
(b) The Court may waive a requirement under subsection (1) for consent from the surrogate mother if she— | ||
(i) is deceased, | ||
(ii) cannot be located after reasonable efforts have been made to find her, or | ||
(iii) lacks the capacity to make a decision in that regard. | ||
(c) The Court may waive a requirement under subsection (1) for consent from the relevant child if he or she— | ||
(i) is deceased, | ||
(ii) cannot be located after reasonable efforts have been made to find him or her, or | ||
(iii) lacks the capacity to make a decision in that regard. | ||
(3) In determining, under subsection (1)(f), what is in the best interests of the relevant child, the Court shall have regard to all the circumstances that it considers relevant to the child, including— | ||
(a) the child’s age and maturity, | ||
(b) the physical, psychological and emotional needs of the child, | ||
(c) the likely effect of the granting of the parental order on the child, | ||
(d) the child’s social, intellectual and educational needs, | ||
(e) the child’s upbringing and care, | ||
(f) the child’s relationship with his or her intending parents (or, in the case of a single intending parent, that intending parent), and | ||
(g) any other particular circumstances pertaining to the child. | ||
(4) The Court shall, in relation to its consideration of a section 204 application and in so far as is practicable, in respect of any relevant child who is capable of forming his or her own views, ascertain those views and give them due weight, having regard to the age and maturity of the child. | ||
(5) Proceedings under this section shall be heard otherwise than in public. | ||
(6) At any time on or after the Court receives a section 204 application and a relevant authority is not already a party to the proceedings, the Court may, at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the relevant authority. | ||
(7) Where, at any time on or after the Court receives a section 204 application, a relevant authority requests to be made a party to the proceedings, the Court shall order that the relevant authority be added as a party, and, whether or not the relevant authority so requests, the relevant authority may argue before the Court any question in relation to the application which the Court considers necessary to have fully argued and take such other steps in relation thereto as the relevant authority thinks necessary or expedient. | ||
(8) The Court may direct that notice of a section 204 application shall be given to such other persons as the Court thinks fit and where notice is so given to any person the Court may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings. | ||
(9) In this section, “relevant authority” means— | ||
(a) the Attorney General, or | ||
(b) the AHRRA. |