Health (Assisted Human Reproduction) Act 2024
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Provisions supplementary to section 19 - surrogacy | ||
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25. (1) This section applies without prejudice to the generality of section 151 . | ||
(2) The specified form of a section 19 consent shall, in the case of a surrogacy agreement, require the intending parents (or, in the case of a single intending parent, that intending parent) and the surrogate mother to— | ||
(a) confirm that he or she has received the AHR information document concerned, | ||
(b) confirm that he or she has received the AHR counselling required under section 18 , | ||
(c) confirm that he or she has received the legal advice required by section 61 , | ||
(d) consent to the recording of information required under section 62 , and | ||
(e) confirm that he or she understands that a person born as a result of AHR treatment provided pursuant to the surrogacy agreement may, in accordance with the provisions of Part 7 — | ||
(i) access the information specified in section 62 (1), or | ||
(ii) seek to contact any or all parties to the surrogacy agreement. | ||
(3) The specified form of a section 19 consent shall, in the case of a relevant donation (G) proposed to be used to create an embryo to be transferred pursuant to a surrogacy agreement, require the relevant donor (G) to— | ||
(a) consent to the recording of information required under section 62 (1), and | ||
(b) confirm that he or she understands that, under the law of the State— | ||
(i) he or she shall not be a parent of any child born as a result of such use of such donation, | ||
(ii) the information specified in section 62 (1) in relation to him or her shall be recorded on the National Surrogacy Register, | ||
(iii) the child, when he or she becomes an adult (AHR), may access the information specified in section 72 (2) and seek to contact the donor, | ||
(iv) the information that the donor is entitled to obtain from the National Surrogacy Register is restricted to the information specified in section 70 (2), | ||
(v) having regard to the child’s right to know his or her origins, it is desirable that the donor keep updated, in accordance with section 74 , the information in relation to him or her that is recorded on the National Surrogacy Register, and | ||
(vi) he or she has the right, in accordance with section 19 (4), to revoke, or revoke and replace, such consent. |