Health (Assisted Human Reproduction) Act 2024
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Amendment of Guardianship of Infants Act 1964 | ||
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227. The Guardianship of Infants Act 1964 is amended— | ||
(a) in section 2(1)— | ||
(i) in the definition of “father”, by the insertion of “and a male intending parent who has been named in a parental order as the parent of a child” after “adoption order”, | ||
(ii) in the definition of “mother”, by the insertion of “and a female intending parent who has been named in a parental order as the parent of a child” after “adoption order”, and | ||
(iii) by the insertion of the following definitions: | ||
“ ‘Act of 2024’ means the Health (Assisted Human Reproduction) Act 2024; | ||
‘intending parent’ has the meaning assigned to it by the Act of 2024; | ||
‘parental order’ means an order granted under section 66 (1)(a), 103 (1)(a), 205 or 217 of the Act of 2024 for the transfer of the parentage of a child; | ||
‘surrogacy agreement’ has the meaning assigned to it by the Act of 2024; | ||
‘surrogate mother’ has the meaning assigned to it by the Act of 2024;”, | ||
(b) in section 6— | ||
(i) in subsection (1)— | ||
(I) in paragraph (a), by the deletion of “or”, | ||
(II) in paragraph (b), by the substitution of “couple, or” for “couple.”, and | ||
(III) by the insertion of the following paragraph after paragraph (b): | ||
“(c) where a married couple of the same sex have both been named in a parental order as the parent of a child, each of the married couple.”, | ||
(ii) by the insertion of the following subsection after subsection (1A): | ||
“(1B) Where civil partners or cohabiting couples have both been named in a parental order as the parents of a child, the civil partners or cohabitants, as the case may be, shall be guardians of the child jointly.”, | ||
(iii) by the insertion of the following subsections after subsection (3B): | ||
“(3C) On the death of a spouse who has been named in a parental order as the parent of a child and whose spouse of the same sex was also so named in the order, the other spouse, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased spouse or by the court. | ||
(3D) (a) On the death of a civil partner who has been named in a parental order as the parent of a child and whose civil partner was also so named in the order, the other civil partner, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased civil partner or by the court. | ||
(b) On the death of a cohabitant who has been named in a parental order as the parent of a child and whose cohabitant was also so named in the order, the other cohabitant, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased cohabitant or by the court.”, | ||
and | ||
(iv) in subsection (4), by the substitution of “subsections (1A) and (1B)” for “subsection (1A)”, | ||
and | ||
(c) by the insertion of the following sections after section 6B: | ||
“Guardianship of child born as result of AHR treatment provided pursuant to surrogacy agreement | ||
6BA. (1) Where— | ||
(a) a child is born as the result of AHR treatment provided pursuant to (or for the purposes of) a surrogacy agreement, | ||
(b) an intending parent and the surrogate mother have each declared that he or she, in accordance with the provisions of the Act of 2024— | ||
(i) is, as the case requires, an intending parent or the surrogate mother of the child, and | ||
(ii) agrees to the appointment of the intending parent as a guardian of the child, | ||
and | ||
(c) the intending parent and surrogate mother have made a statutory declaration to the effect referred to in paragraph (b) in a form prescribed by the Minister, | ||
that intending parent, in addition to that surrogate mother, shall be a guardian of that child. | ||
(2) Where there are two intending parents of a child referred to in subsection (1), either or both parents may take the action referred to in that subsection to become a guardian of the child. | ||
(3) Subject to subsection (4), an intending parent who is a guardian of a child by virtue of the operation of this section shall cease to be such guardian upon the refusal of the Circuit Court to grant a parental order stating that the child becomes the child of that parent. | ||
(4) Subsection (3) shall not come into effect until— | ||
(a) the ordinary time within which an appeal against the refusal referred to in that subsection has elapsed without any such appeal having been made, or | ||
(b) if such an appeal is made— | ||
(i) the abandonment or withdrawal of the appeal, or | ||
(ii) the determination of the appeal by way of confirmation of such refusal, | ||
whichever first occurs. | ||
Guardianship of child born as result of international surrogacy agreement | ||
6BB. (1) Where— | ||
(a) a child is born as the result of a surrogacy agreement which has been approved under section 90 of the Act of 2024, and | ||
(b) an intending parent and the surrogate mother have each declared that he or she, in accordance with the provisions of the Act of 2024— | ||
(i) is, as the case requires, an intending parent or the surrogate mother of the child, and | ||
(ii) agrees to the appointment of the intending parent as a guardian of the child, | ||
and | ||
(c) the intending parent and surrogate mother have made a statutory declaration to the effect referred to in paragraph (b) in a form prescribed by the Minister, | ||
that intending parent, in addition to that surrogate mother, shall be a guardian of that child. | ||
(2) Where there are two intending parents of a child referred to in subsection (1), either or both parents may take the action referred to in that subsection to become a guardian of the child. | ||
(3) Subject to subsection (4), an intending parent who is a guardian of a child by virtue of the operation of this section shall cease to be such guardian upon the refusal of the Circuit Court to grant a parental order stating that the child becomes the child of that parent. | ||
(4) Subsection (3) shall not come into effect until— | ||
(a) the ordinary time within which an appeal against the refusal referred to in that subsection has elapsed without any such appeal having been made, or | ||
(b) if such an appeal is made— | ||
(i) the abandonment or withdrawal of the appeal, or | ||
(ii) the determination of the appeal by way of confirmation of such refusal, | ||
whichever first occurs.”. |