Health (Assisted Human Reproduction) Act 2024

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Chapter 2

Past international surrogacy

Definitions – Chapter 2

214. In this Chapter—

“Court” means the High Court;

“parental order” means an order granted by the Court under section 217 for the transfer of the parentage of a child;

“past international surrogacy”, in relation to a surrogacy jurisdiction, means a surrogacy agreement—

(a) entered into before the commencement of section 216 by—

(i) a surrogate mother who has been habitually and lawfully resident in that jurisdiction, 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 216 , and

(ii) in that jurisdiction;

“relevant child” shall be construed in accordance with section 216 (1);

“ section 216 application” shall be construed in accordance with section 216 (1);

“surrogacy agreement (P)” means a surrogacy agreement referred to in the definition of “past international surrogacy”;

“surrogacy jurisdiction” means a jurisdiction outside the State where—

(a) the surrogacy the subject of a past international surrogacy has been lawfully undertaken, and

(b) the embryo transfer concerned has been undertaken and, subject to section 217 (2)(a), the child (if any) resulting from that transfer has been born.