Health (Assisted Human Reproduction) Act 2024
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Amendment of Act of 2004 | ||
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230. The Act of 2004 is amended— | ||
(a) in section 2(1)— | ||
(i) by the substitution of the following definition for the definition of “parent”: | ||
“ ‘parent’— | ||
(a) in relation to a donor-conceived child, means the parent or parents of that child under section 5 of the Children and Family Relationships Act 2015 , and | ||
(b) in relation to a child born as a result of AHR treatment provided pursuant to (or for the purposes of) a surrogacy agreement, means the parent or parents of that child under section 67 , 104 , 206 or 218 of the Act of 2024;”, | ||
(ii) in the definition of “the required particulars”, by the insertion of the following paragraph after paragraph (f): | ||
“(g) in relation to a parental order, the particulars specified in Part 2C of the First Schedule;”, | ||
and | ||
(iii) by the insertion of the following definitions: | ||
“ ‘Act of 2024’ means the Health (Assisted Human Reproduction) Act 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;”, | ||
(b) in section 8(1), by the insertion of the following paragraph after paragraph (eeeeee): | ||
“(eeeeeee) to establish and maintain a register and index for the purposes of the registration of parental orders,”, | ||
(c) in section 13(1), by the insertion of the following paragraph after paragraph (m): | ||
“(n) a register of all parental orders where an order has been made by the court under section 66 (1)(a), 103 (1)(a), 205 or 217 (1) of the Act of 2024 (which shall be known, and is referred to in this Act, as the register of parental orders for surrogacy).”, | ||
(d) by the insertion of the following Part after Part 3B: | ||
“PART 3C | ||
Registration of Parental Orders for Surrogacy | ||
Definition (Part 3C) | ||
30M. In this Part, ‘register’ means the register of parental orders for surrogacy. | ||
Application of Part | ||
30N. (1) Subject to subsection (2), this Part applies to parental orders. | ||
(2) This Part shall not apply where the birth of a child named in a parental order has not already been registered in the register of births. | ||
Entries in register on foot of parental order | ||
30O. (1) One or both of the parents named in a parental order shall, as soon as is practicable after the order has been made, give to an tArd Chláraitheoir a copy of the order, together with the required particulars specified in Part 2C of the First Schedule, and an tArd Chláraitheoir shall make an entry in the register, or cause an entry to be so made. | ||
(2) Where an tArd-Chláraitheoir receives a copy of a parental order under section 67 , 104 , 206 or 218 of the Act of 2024 and, after a period of 3 months from the date of the parental order, an entry has not been made in the register in relation to that copy, an tArd-Chláraitheoir shall enter or cause to be entered the required particulars in the register. | ||
(3) Where there is an error in a parental order furnished under subsection (1), the court concerned shall give to an tArd-Chláraitheoir, within five days, a further parental order correcting the error in the register or cause it to be corrected. | ||
(4) If a parental order is set aside, the court concerned shall inform an tArd-Chláraitheoir, within five days, and an tArd-Chláraitheoir shall cancel the entry relating to the order or cause it to be cancelled. | ||
(5) Evidence of an entry in the register and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd Chláraitheoir or a person authorised in that behalf by an tArd Chláraitheoir. | ||
(6) In this section, ‘court’ shall be construed in accordance with section 2 of the Act of 2024. | ||
Other entries in register | ||
30P. Where an tArd-Chláraitheoir receives notice in writing of information from the AHRRA under section 69 (2), 106 (2), 208 (2) or 220 (2) of the Act of 2024, he or she shall enter or cause to be entered the required particulars in the register. | ||
Who may obtain copies of entries in register | ||
30Q. (1) Subject to subsection (2), the parents, or the guardian, or the child having reached the age of 16 years, may make an application to an tArd-Chláraitheoir and on payment to him or her of the prescribed fee, shall be given by him or her— | ||
(a) a copy certified by him or her to be a true copy, or | ||
(b) a copy, | ||
of an entry in the register so long as the applicant is named as a parent or a child in the relevant parental order, or is a guardian of the child named in the parental order. | ||
(2) A copy of an entry, referred to in subsection (1), or an extract thereof, shall omit any reference to or particulars of a personal public service number and ‘true copy’ in that subsection shall be construed accordingly. | ||
(3) Where a person whose birth was registered in accordance with this section and who has attained the age of 16 years applies for a birth certificate, the registrar shall contact that person to inform him or her that further information relating to him or her is available from the National Surrogacy Register. | ||
Separate index of connections between register and register of births | ||
30R. (1) An tArd-Chláraitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births. | ||
(2) Notwithstanding section 30Q, the index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court. | ||
Certified copy of entry in register as evidence of facts stated | ||
30S. A certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora, shall be received, without further proof, as evidence of the facts stated in the certified copy, and any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy. | ||
Privacy of surrogacy records | ||
30T. (1) No person other than an tArd-Chláraitheoir or a person authorised in that behalf by an tArd-Chláraitheoir shall be entitled to research the register or an index relating to the register which makes traceable an entry in the register of births and no information from the register or such an index shall be given to any person except by order of a court. | ||
(2) A court shall not make an order under subsection (1) unless it is satisfied that it is in the best interests of any child concerned to do so. | ||
(3) A court shall not make an order referred to in section 30R(2) unless the court is satisfied that it is in the best interests of any child concerned to make the order.”, | ||
(e) in section 61(3), by the substitution of “, to the register under Part 3B or to the register for parental orders for surrogacy or an index to any of those registers” for “or to the register under Part 3B or to an index to any of those registers”, | ||
(f) in section 63(1), by the substitution of “, (k) or (n)” for “or (k)”, and | ||
(g) in the First Schedule, by the insertion of the following Part after Part 2B: | ||
“PART 2C | ||
Particulars to be Entered in Register of Parental Orders for Surrogacy | ||
Personal public service number of child. | ||
Date and country of birth of child. | ||
Sex of child. | ||
Forename, surname, birth surname, address and occupation of mother. | ||
Former surname of mother. | ||
Date of birth of mother. | ||
Marital status of mother. | ||
Personal public service number of mother. | ||
Forename, surname, birth surname, address and occupation of father. | ||
Former surname of father. | ||
Date of birth of father. | ||
Marital status of father. | ||
Personal public service number of father. | ||
Forename(s), surname(s), birth surname(s), address and occupation(s) of parent(s). | ||
Former surname(s) of parent(s). | ||
Date(s) of birth of parent(s). | ||
Marital status of parent(s). | ||
Personal public service number(s) of parent(s). | ||
Date of parental order made by a court under section 66 (1)(a), 103 (1)(a), 205 (1) or 217 (1) of the Act of 2024. | ||
Date of registration. | ||
Registered by.”. |