Health (Assisted Human Reproduction) Act 2024
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Effect of parental order - past international surrogacy | ||
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218. (1) Where the Court grants a parental order in respect of the relevant child— | ||
(a) the child becomes the child of the intending parents (or, in the case of a single intending parent, that intending parent) named in the order, | ||
(b) subject to paragraph (e), the child is no longer the child of any person other than a person named as a parent in the order, | ||
(c) the child will be considered, with regard to the rights and duties of parents and children in relation to each other, as the child of the intending parents (or, in the case of a single intending parent, that intending parent) named in the order, | ||
(d) the surrogate mother of the child will lose all parental rights and is freed from all parental duties in respect of the child, and | ||
(e) the order does not affect any order previously made under section 35 > of the Status of Children Act 1987 in respect of an intending parent of the child. | ||
(2) Where the Court grants a parental order in respect of the relevant child, it shall, within 14 days immediately following such grant, give, or cause to be given, a copy of the order to the AHRRA in order to allow the AHRRA to make an entry in the National Surrogacy Register under section 219 (2)(b). | ||
(3) Where the Court grants a parental order in respect of the relevant child— | ||
(a) born in the State, and | ||
(b) the subject of a waiver referred to in section 217 (2)(a), | ||
it shall, within 14 days immediately following such grant, give, or cause to be given, a copy of the order to an tArd-Chláraitheoir in order to allow an tArd-Chláraitheoir to make, or cause to be made, an entry, in the register of parental orders for surrogacy established and maintained under section 13(1)(n) of the Act of 2004, in accordance with section 30O(2) (inserted by section 230 (d)) of that Act. | ||
(4) Where the Court refuses to grant a parental order in respect of the relevant child, the Court shall, within 14 days immediately following such refusal, give, or cause to be given, a notice in writing of the particulars of such refusal to the AHRRA in order to allow the AHRRA to make an entry in the National Surrogacy Register under section 219 (2)(b). |