Health (Assisted Human Reproduction) Act 2024

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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”.