Health (Assisted Human Reproduction) Act 2024

Type Act

Publication 2024-07-02

State In force

Source Irish Statute Book

articles 234

(5) The relevant storer (E) shall, not less than six months before the expiration of the relevant storage period (E) for a relevant storage (E), make reasonable efforts to give a notice in the specified form to an eligible person—

(a) advising such person (and without prejudice to the generality of section 151) of the date on which such period ends, and

(b) to which is attached a statement as to the effect of this section.

(6) (a) Paragraph (b) applies where the AHRRA is minded to determine a section 41 application by—

(i) granting part only of the extension sought to the relevant storage period (E) for a relevant storage (E), or

(ii) refusing to grant any such extension.

(b) The AHRRA shall give a notice in writing to the applicant stating—

(i) how the AHRRA is minded to determine the application as specified in paragraph (a) and setting out the AHRRA’s reasons why it is so minded, and

(ii) that the applicant may, if the applicant wishes to do so, within the period specified in the notice (being a period reasonable in all the circumstances of the case) provide, in view of those reasons only, supplementary material in the specified form to the AHRRA for the AHRRA’s further consideration before making a determination under subsection (3) following the expiration of that period.

(7) For the avoidance of doubt, it is hereby declared that subsection (6) only applies once to the same section 41 application.

(8) Where a combination of shorter storage periods (E) referred to in section 19(9)(b) applicable to the same relevant storage (E) results in the last shorter storage period (E) of that combination taking the combined periods up to the period specified in paragraph (b) of the definition of “relevant storage period (E)”, subsections (2) to (7) shall, with all necessary modifications, apply to the period the subject of that last shorter storage period (E) as they apply to a period which falls within paragraph (b) of the definition of “relevant storage period (E)”.

(9) (a) Where there has been a failure to make one or more than one payment to the relevant storer (E) of a relevant storage (E) for such storage, the storer may, by notice in writing (and to which is attached a copy of this subsection) given to the person who, under the terms and conditions on which the storage was made, is required to make such payment—

(i) request the person to make the payment, and

(ii) advise the person to read the copy of this subsection attached to the notice as to the consequences of continuing to fail to make the payment.

(b) The relevant storer (E) may dispose of the embryo concerned where 12 months have elapsed from the date of issue of the notice concerned under paragraph (a) without the payment the subject of the notice having been made.

(10) In this section—

“eligible person”, in relation to a relevant storage (E), means the intending parents (or, in the case of a single intending parent, that intending parent) for whom the embryo the subject of such storage was created for use in the provision of AHR treatment;

“extension” includes further extension.

42. Disposal of relevant storage (T)

42. (1) (a) Subject to subsections (2) and (3), the relevant storer (T) of a relevant storage (T) shall dispose of such storage as soon as is practicable after—

(i) if applicable, the shorter storage period (T) has elapsed, or

(ii) in any other case—

(I) the period specified for the purposes of this clause in regulations made under paragraph (b) has elapsed, or

(II) where no such period stands so specified, the period of 10 years has elapsed from the date on which such storage was commenced.

(b) Subject to paragraphs (c) and (d), the Minister may make regulations to specify a period for the purposes of clause (I) of subparagraph (ii) of paragraph (a).

(c) Where the Minister makes regulations under paragraph (b), he or she shall, in addition to having regard to the other provisions of this Act, have regard to the following:

(i) the current state of medical evidence as to the viability of the use of tissues in AHR treatment by reference to the length of the period for which the tissues were stored;

(ii) where relevant, the age of the person for whom the tissues were stored for future use in the provision of AHR treatment to that person;

(iii) where relevant, the ages of the intending parents (or, in the case of a single intending parent, the age of that parent) of any child that may be born as the result of the future use in the provision of AHR treatment of tissues that were stored for such use.

(d) On and after the establishment day, the Minister shall not make regulations under paragraph (b) except after consultation with the AHRRA.

(2) Subject to subsection (8), an eligible person may make an application in the specified form (in this section referred to as a “section 42 application”), before the expiration of the relevant storage period (T) for the relevant storage (T) the subject of the application where such period falls within paragraph (b) of the definition of “relevant storage period (T)”, to the AHRRA to grant an extension to such period.

(3) Subject to subsection (6), the AHRRA shall determine a section 42 application—

(a) where it is satisfied that, in all the circumstances of the case, there are reasonable grounds for granting the extension sought by the application (or part only of such extension), by notice in writing given to the applicant and the relevant storer (T), granting such extension (or, as the case may be, part only of such extension), or

(b) in any other case, by notice in writing given to the applicant, refusing to grant such extension.

(4) Where the AHRRA under subsection (3)—

(a) grants part only of the extension sought to the relevant storage period (T) for a relevant storage (T), or

(b) refuses to grant any such extension,

it shall, in the notice concerned referred to in that subsection, state its reasons for such partial grant or refusal, as the case may be.

(5) The relevant storer (T) shall, not less than six months before the expiration of the relevant storage period (T) for a relevant storage (T), make reasonable efforts to give a notice in the specified form to an eligible person—

(a) advising such person (and without prejudice to the generality of section 151) of the date on which such period ends, and

(b) to which is attached a statement as to the effect of this section.

(6) (a) Paragraph (b) applies where the AHRRA is minded to determine a section 42 application by—

(i) granting part only of the extension sought to the relevant storage period (T) for a relevant storage (T), or

(ii) refusing to grant any such extension.

(b) The AHRRA shall give a notice in writing to the applicant stating—

(i) how the AHRRA is minded to determine the application as specified in paragraph (a) and setting out the AHRRA’s reasons why it is so minded, and

(7) For the avoidance of doubt, it is hereby declared that subsection (6) only applies once to the same section 42 application.

(8) Where a combination of shorter storage periods (T) referred to in section 19(9)(c) applicable to the same relevant storage (T) results in the last shorter storage period (T) of that combination taking the combined periods up to the period specified in paragraph (b) of the definition of “relevant storage period (T)”, subsections (2) to (7) shall, with all necessary modifications, apply to the period the subject of that last shorter storage period (T) as they apply to a period which falls within paragraph (b) of the definition of “relevant storage period (T)”.

(9) (a) Where there has been a failure to make one or more than one payment to the relevant storer (T) of a relevant storage (T) for such storage, the storer may, by notice in writing (and to which is attached a copy of this subsection) given to the person who, under the terms and conditions on which the storage was made, is required to make such payment—

(i) request the person to make the payment, and

(ii) advise the person to read the copy of this subsection attached to the notice as to the consequences of continuing to fail to make the payment.

(b) Subject to paragraph (c), the relevant storer (T) may dispose of the tissues concerned where 12 months have elapsed from the date of issue of the notice concerned under paragraph (a) without the payment the subject of the notice having been made.

(c) Where section 39 applies, the relevant storer (T) may not exercise the power under paragraph (b) except with the consent of the AHRRA.

(10) In this section—

“eligible person”, in relation to a relevant storage (T), means—

(a) subject to paragraph (b), the person for whom the tissues the subject of such storage are being stored, or

(b) where section 39 applies and the child whose tissues are the subject of such storage has not attained the age of 18 years, the relevant person (within the meaning of section 39(4)) who gave the section 19 consent concerned referred to in section 39(1);

“extension” includes further extension.

PART 5 Posthumous Assisted Human Reproduction

43. Requirements applicable to provision of PAHR

43. (1) An AHR treatment provider shall not provide PAHR to a surviving partner before the 1st anniversary of the date of death of person (D).

(2) An embryo created using a relevant donation (G) shall not be used in PAHR unless—

(a) the embryo was created—

(i) using such donation and the gametes of person (D) if such person were a man, and

(ii) before the death of person (D),

(b) the embryo was created—

(i) using such donation and the gametes of person (D) if such person were a woman, and

(ii) before the death of person (D).

PART 6 Pre-Implantation Genetic Testing

44. Definitions - Part 6

44. In this Part—

“AHR treatment to which this Part applies” means—

(a) PGT,

(b) HLA matching, and

“genetic counselling”, in relation to AHR treatment to which this Part applies, means a service provided by a genetic counsellor, with clinical governance provided by a relevant specialist in any case where the genetic counsellor is not also a relevant specialist, under which he or she counsels a person regarding—

(a) the potential risks and implications arising from and after the provision of such treatment, and

(b) other options (if any) available in lieu of such treatment;

“genetic counsellor”, in relation to AHR treatment to which this Part applies, means a person who has the requisite skills and judgment to provide genetic counselling as regards such treatment by virtue of—

(a) holding a qualification prescribed (following, on and after the establishment day, consultation by the Minister with the AHRRA) for the purposes of this definition,

(b) having the practical experience prescribed (following, on and after the establishment day, consultation by the Minister with the AHRRA) for the purposes of this definition, or

(c) holding a qualification, and having the practical experience, prescribed (following, on and after the establishment day, consultation by the Minister with the AHRRA) for the purposes of this definition;

“genetic disease” means a disease caused by single gene or chromosomal variants that can be inherited and that, on the basis of existing scientific and medical evidence, confers a high risk on the person with the disease of having—

(a) a serious physical or intellectual disability,

(b) a serious illness, or

“HLA matching” means an AHR treatment using PGT to test and select an embryo for implantation in the womb of a woman for the purpose of matching the tissue of a child who is born as a result of the treatment with the tissue of an existing child who has a life limiting condition;

“PGT” means pre-implantation genetic testing;

“PGT-A” means PGT which falls within paragraph (a) of the definition of “pre implantation genetic testing”;

“PGT-M” means PGT which falls within paragraph (b) of the definition of “pre implantation genetic testing”;

“PGT-SR” means PGT which falls within paragraph (c) of the definition of “pre implantation genetic testing”;

“pre-implantation genetic testing” means a test performed to analyse the DNA (deoxyribonucleic acid) of embryos for the purpose of determining genetic disorders, or for the undertaking of HLA matching, and includes—

(a) such testing for aneuploidies (being embryos with an unbalanced chromosomal complement),

(b) such testing for single gene disorders,

(d) such other testing prescribed (following, on and after the establishment day, consultation by the Minister with the AHRRA) for the purposes of this definition;

“Register of Genetic Diseases” shall be construed in accordance with section 49;

“relevant specialist” means a registered medical practitioner whose name is entered, in respect of clinical genetics, in the Specialist Division of the register of medical practitioners maintained by the Medical Council under section 43(2)(b) of the Act of 2007;

“sex selection” means AHR treatment provided to a person for the purpose of ensuring, or increasing the probability, that an embryo will be of a particular sex;

“variant” means a permanent change to the DNA sequence that makes up a gene that may cause disease or be part of normal human variation.

45. PGT-M and PGT-SR

45. (1) An AHR treatment provider shall not provide PGT-M or PGT-SR except in accordance with section 47 or 48 where—

(a) the provider is satisfied, founded on a relevant opinion, that such provision is necessary to detect whether or not there is a significant risk of a child being born with a genetic disease the name of which is for the time being entered in the Register of Genetic Diseases, or

(b) such provision is for the purposes of HLA matching.

(2) In this section, “relevant opinion”, in relation to a risk referred to in subsection (1)(a), means the opinion in writing of a relevant specialist that there is such a risk.

46. PGT-A

46. An AHR treatment provider shall not provide PGT-A except for the purposes of genetically testing an embryo for a chromosomal variant that may affect the capacity of the embryo to result in a live birth where—

(a) PGT-M or PGT-SR is being undertaken, or

(b) such testing has been indicated in accordance with criteria that have been prescribed (following, on and after the establishment day, consultation by the Minister with the AHRRA).

47. HLA matching

47. (1) An AHR treatment provider shall not provide HLA matching except with the consent in writing of the AHRRA where there is an existing child (in this section referred to as the “relevant child”) who has a life-limiting condition who would be the sibling (or half-brother or half-sister) of any child to be born following such matching where—

(a) no alternative treatment, on the basis of existing scientific and medical evidence, is available to manage the relevant child’s life-limiting condition,

(b) the treatment of the relevant child’s life-limiting condition with stem cells from the umbilical cord or bone marrow, or transplantation of regenerative tissue, from the child born following HLA matching has a reasonable chance, on the basis of existing scientific and medical evidence, of improving the relevant child’s life-limiting condition, and

(c) the treatment referred to in paragraph (b) would not be considered, on the basis of existing scientific and medical evidence, to be detrimental to the welfare of the child to be born following HLA matching.

(2) In this section, “life-limiting condition”, in relation to HLA matching and the relevant child, means a condition which such child has, for which there is no reasonable hope, on the basis of existing scientific and medical evidence, of a cure (other than the treatment referred to in subsection (1)(b)) and from which the child will die.

48. Sex selection

48. An AHR treatment provider shall not provide sex selection except where, in the opinion of a relevant specialist, such treatment is indicated because there is a significant risk of a child being born with a genetic disease the name of which is for the time being entered in the Register of Genetic Diseases and that disease—

(a) affects only one sex, or

(b) affects one sex significantly more than the other.

49. Establishment of Register of Genetic Diseases

49. (1) The AHRRA shall, as soon as is practicable after the commencement of this section, establish and maintain a register to be known as the Register of Genetic Diseases.

(2) The Register of Genetic Diseases shall be in the form of an electronic database published on the AHRRA’s website.

(3) The AHRRA shall, as soon as is practicable after the commencement of this section and from time to time thereafter, enter in the Register of Genetic Diseases the name of each disease which the AHRRA is satisfied, after having regard to current scientific and medical evidence, is a genetic disease.

50. Genetic counselling

50. (1) Without prejudice to the generality of section 18, an AHR treatment provider shall not provide any relevant AHR treatment to a person seeking such treatment unless the provider is satisfied that the person and the relevant person have received genetic counselling in relation to such treatment.

(2) Where PGT-A has been provided to a person and that treatment has resulted in the detection of a complex chromosomal variant, an AHR treatment provider shall not provide other AHR treatment (not being relevant AHR treatment or PGT-A) to the person unless the provider is satisfied that the person and the relevant person have received genetic counselling—

(a) subsequent to the provision of the PGT-A, and

(b) before the provision of the other AHR treatment.

(3) Where subsection (1) or (2) requires that genetic counselling be provided to two intending parents, the genetic counsellor shall offer the counselling to the parents individually, together as a couple, or both.

(4) (a) Subject to paragraph (b), an AHR treatment provider shall not be, or hold out to be, a genetic counsellor.

(b) Paragraph (a) shall not be construed to prevent the AHR treatment provider from having a genetic counsellor as a member of the provider’s staff.

(5) In this section—

“relevant AHR treatment” means AHR treatment (other than PGT-A) to which this Part applies;

“relevant person”, in relation to a person seeking relevant AHR treatment or PGT-A, means, if such person is an intending parent, the other intending parent (if any).

PART 7 Domestic Surrogacy

51. Definitions - Part 7

51. In this Part—

“domestic surrogacy” means a surrogacy agreement in the specified form—

(a) entered into by—

(i) a surrogate mother who has been habitually and lawfully resident in the State for not less than two years, and

(ii) either—

(I) both intending parents, not less than one of whom has been habitually and lawfully resident in the State for not less than two years, 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 for not less than two years,

and

(b) under which the embryo transfer is to be undertaken in the State;

“permitted surrogacy” shall be construed in accordance with section 52(1);

“section 65 application” shall be construed in accordance with section 65(1).

52. Permitted surrogacy

52. (1) The surrogacy the subject of a surrogacy agreement is a permitted surrogacy only where the surrogacy is a domestic surrogacy that has been approved under section 53 by the AHRRA before any AHR treatment has been provided pursuant to the agreement and the surrogacy complies with all of the following:

(a) the surrogate mother meets the requirements specified in section 55;

(b) the intending parents together as a couple meet (or, in the case of a single intending parent, that intending parent meets) the requirements specified in section 56;

(d) the personal details of the intending parents (or, in the case of a single intending parent, the personal details of that intending parent), the surrogate mother, the relevant donor (G) (if any) and any child born as a result of AHR treatment provided pursuant to the surrogacy agreement are recorded in accordance with sections 62 and 68.

(2) Subject to subsections (4) and (5), a person shall not knowingly provide a technical, professional or medical service that is to give effect or further effect to any agreement or other arrangement which purports to relate to a permitted surrogacy, but does not in fact relate to a permitted surrogacy.

(3) Without prejudice to the generality of subsection (2), a person shall not—

(a) knowingly participate in any agreement or other arrangement referred to in that subsection, or

(b) induce or attempt to induce another person to participate in any such agreement or other arrangement.

(4) Neither subsection (2) nor (3) shall be construed as prohibiting a legal practitioner from giving legal advice in relation to any agreement or other arrangement—

(a) referred to in subsection (2), or

(b) which is the equivalent, in another jurisdiction, of any such agreement or arrangement.

(5) Nothing in this section shall be construed as prohibiting a person from providing medical treatment to a woman after she is pregnant if the person is, at the time of providing such treatment, lawfully entitled to provide the treatment in the State.

53. Approval of surrogacy agreements

53. (1) A person shall not participate in a surrogacy agreement other than a surrogacy agreement that has been approved under subsection (4).

(2) An AHR treatment provider may make an application in the specified form (in this Part referred to as a “section 53 application”), accompanied by the specified fee, to the AHRRA for the AHRRA’s approval under subsection (4) of the completed surrogacy agreement attached to the application.

(3) Without prejudice to the generality of section 151, the specified form of a surrogacy agreement shall require, in the case of two intending parents, each of them to indicate that he or she understands that, should the agreement be approved under this section but he or she dies before the embryo transfer concerned has been effected, such approval will be treated as revoked from and including the date of death.

(4) Subject to sections 54, 75 and 76, the AHRRA shall determine a section 53 application by—

(a) subject to subsection (5), giving notice in writing to the applicant approving the surrogacy agreement attached to the application where the AHRRA is satisfied that—

(i) the surrogacy the subject of the agreement is a permitted surrogacy, and

(ii) the agreement has been correctly (including accurately) completed and, without prejudice to the generality of the foregoing—

(I) the agreement contains a declaration by the surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent) that, to the best of their knowledge and belief, the surrogacy the subject of the surrogacy agreement is a permitted surrogacy, and

(II) subject to section 151(4), the agreement has been signed by—

(A) the surrogate mother, and

(B) the intending parents (or, in the case of a single intending parent, that intending parent),

(b) in any other case, giving notice in writing to the applicant refusing to approve the surrogacy agreement and stating in the notice the reasons for such refusal.

(5) (a) Subject to paragraph (b), the approval under subsection (4) of a surrogacy agreement shall expire when the period of two years has elapsed from the date of such approval.

(b) The AHRRA shall specify in the approval under subsection (4) of a surrogacy agreement a shorter period than the two years referred to in paragraph (a) where that is necessary in order to ensure that a specified upper age limit is complied with.

(6) Where the AHRRA is minded to determine a section 53 application by refusing to approve the surrogacy agreement attached to the application, it shall, in the interests of procedural fairness, give a notice in writing to the applicant stating—

(a) that the AHRRA is so minded and stating the reasons why the AHRRA is so minded, and

(b) that the applicant may, if the applicant wishes to do so, within the period specified in the notice (being a period reasonable in all the circumstances of the case) provide, in view of those reasons only, supplementary material in the specified form to the AHRRA for the AHRRA’s further consideration before making a determination under subsection (4) following the expiration of that period.

(7) For the avoidance of doubt, it is hereby declared that subsection (6) only applies once to the same section 53 application.

(8) In the case of two intending parents, should a surrogacy agreement be approved under this section but an intending parent dies before the embryo transfer concerned has been effected, such approval shall, by virtue of this subsection, be treated as revoked from and including the date of death, and the other provisions of this Act shall be construed accordingly.

54. Safety of children - AHRRA

54. (1) The AHRRA shall not approve under section 53 a surrogacy agreement unless it is satisfied, based on the information available to the AHRRA, that the relevant person, and each other relevant person, does not present a potential significant risk of harm or neglect to—

(a) any child that may be born as a result of the AHR treatment the subject of the surrogacy agreement attached to the application, or

(b) any other child.

(2) (a) Subject to paragraph (b), the AHRRA shall, for the purposes of subsection (1), make a request in writing to each relevant person to complete and submit to the AHRRA within the period specified in the request (being a period reasonable in all the circumstances of the case), a return in the specified form (in this section referred to as a “section 54 return”) attached to the request.

(b) Subject to paragraph (c) and subsection (6), the Minister—

(i) shall, as soon as is practicable after the commencement of this subsection, by regulations specify the information, or information falling within a class of information specified in the regulations, that a section 54 return may require a relevant person, or a relevant person falling within a class of relevant persons specified in the regulations, to provide, and

(ii) may by regulations specify the circumstances (if any) in which such information may be further disclosed by the AHRRA in addition to further disclosures required by law.

(c) Where the Minister makes regulations under paragraph (b), he or she shall, in addition to having regard to the other provisions of this Act, have regard to the following:

(i) that, in determining the information to be specified, the paramount consideration is the safety of any child referred to in subsection (1);

(ii) that the information sought needs to be appropriate and proportionate to satisfying the AHRRA as referred to in subsection (1);

(iii) that any information sought which may reasonably be regarded as sensitive information is protected from any unnecessary further disclosure by the AHRRA except where such further disclosure is required by law.

(d) The AHRRA shall, in specifying different forms of section 54 returns, ensure that the forms are consistent with the regulations made under paragraph (b).

(3) Subject to subsection (4), where the AHRRA is not satisfied after having assessed the section 54 returns concerned, as referred to in subsection (1), it shall, as soon as is practicable after the expiration of the period concerned referred to in subsection (2)(a), by notice in the specified form (in this section referred to as a “section 54 notice”) given to each relevant person, state the reasons why the provider is not so satisfied.

(4) For the purposes of subsection (3), the AHRRA may also assess information obtained otherwise than from a relevant person.

(5) The AHRRA shall retain the original or a copy of—

(a) a section 54 return,

(b) a section 54 notice,

(d) any note made in writing, by the AHRRA, of information referred to in subsection (4) which is not in writing,

for not less than 30 years after receiving the return, issuing the notice, obtaining the information or making the note, as the case may be.

(6) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the AHRRA.

(7) In this section, “relevant person”, in relation to any child that may be born as a result of AHR treatment, means—

(a) in the case of two intending parents, each of the parents,

(b) in the case of a single intending parent, that parent and the parent’s spouse, civil partner or cohabitant (if any), and

55. Surrogate mothers - domestic surrogacy

55. (1) Subject to subsection (2), a woman may act as a surrogate mother pursuant to a surrogacy agreement only if—

(a) she has previously given birth to a child before entering into the agreement,

(b) she has attained the age of 25 years before entering into the agreement,

(d) she has been assessed and approved as suitable to act as a surrogate mother by an appropriate medical specialist.

(2) (a) A surrogacy agreement is not a permitted surrogacy if the surrogate mother has, before entering into such agreement, been a surrogate mother upon more than one occasion, and where on at least two such occasions a clinical pregnancy was achieved.

(b) In paragraph (a)—

“clinical pregnancy” means a pregnancy not less than six weeks in gestation and in respect of which there is evidence of a gestational sac having been identified through an ultrasound scan;

“surrogate mother” includes, in addition to a surrogate mother as defined in section 2, a woman who, before the commencement of this subsection, has entered into an agreement with the intending parents concerned (or, in the case of a single intending parent, that intending parent) under which she has agreed to attempt to become pregnant, whether or not by the use of her own egg, and, if successful, to transfer the parentage of any child born as a result of the pregnancy to the intending parents (or, in the case of a single intending parent, that intending parent).

56. Intending parents - domestic surrogacy

56. (1) A surrogacy agreement may be entered into by—

(a) two intending parents jointly, or

(b) a single intending parent.

(2) Any intending parent shall have attained the age of 21 years before the section 53 application concerned is made.

(3) Every surrogacy agreement shall—

(a) involve an embryo which was or will be created using the gametes of either or both of the intending parents (or, in the case of a single intending parent, the gamete of that intending parent),

(b) require that at least one of the intending parents (or, in the case of a single intending parent, that intending parent) has objectively, and in all the circumstances of the case, a reasonable expectation of living to parent a child born as a result of AHR treatment provided pursuant to the agreement until that child has attained the age of 18 years, and

(i) in the case of a male and a female as the intending parents—

(I) the female is unable to conceive a child, including as a result of the provision (including the potential provision) of AHR treatment,

(II) the female is unable to gestate a pregnancy to birth,

(III) the female is unlikely to survive a pregnancy or giving birth, or

(IV) the female is likely to have her health significantly adversely affected by a pregnancy or giving birth;

(ii) in the case of two females as the intending parents, each of them—

(I) is unable to conceive a child, including as a result of the provision (including the potential provision) of AHR treatment,

(II) is unable to gestate a pregnancy to birth,

(III) is unlikely to survive a pregnancy or giving birth, or

(IV) is likely to have her health significantly adversely affected by a pregnancy or giving birth;

(iii) the intending parents are both males;

(iv) in the case of a single intending parent, the intending parent is a male or, if a female, she—

(I) is unable to conceive a child, including as a result of the provision (including the potential provision) of AHR treatment,

(II) is unable to gestate a pregnancy to birth,

(III) is unlikely to survive a pregnancy or giving birth, or

(IV) is likely to have her health significantly adversely affected by a pregnancy or giving birth.

(4) The intending parents (or, in the case of a single intending parent, that intending parent) shall give an undertaking in the specified form, before the section 53 application concerned is made, that he or she shall—

(a) take all necessary steps to provide care and protection, prevent harm or neglect to, and ensure the welfare of, any child born as a result of AHR treatment provided pursuant to the surrogacy agreement, and

(b) make a section 65 application in respect of any child born as a result of AHR treatment provided pursuant to the surrogacy agreement.

(5) The AHR treatment provider shall ensure that an intending parent who provided a gamete used to create the embryo to be transferred pursuant to the surrogacy agreement has undergone the testing required for donors of reproductive cells under Regulation 11 of the Regulations of 2006 before the embryo transfer is undertaken.

(6) Where the results of the testing referred to in subsection (5) undergone by the intending parent are that the gamete concerned does not meet the standards of quality and safety set by the Regulations of 2006, the AHR treatment provider shall, as soon as is practicable after obtaining those results, give such parent a notice in the specified form refusing to accept the gamete for use in AHR treatment.

57. Prohibition of commercial surrogacy - domestic surrogacy

57. (1) Subject to subsection (2), a surrogacy agreement is a commercial surrogacy agreement if any person—

(a) receives or agrees to receive any payment or other reward in consideration of entering into or giving effect to the agreement,

(b) offers, makes or gives, or agrees to offer, make or give, any payment or other reward in consideration of entering into or giving effect to the agreement, or

(c) receives, makes or gives, or agrees to receive, make or give, any payment or other reward in consideration of facilitating the entering into or giving effect to the agreement.

(2) Any reference to payment or other reward in subsection (1) shall not include fees paid for legal advice referred to in section 52(4) or 61 or a surrogate mother’s reasonable expenses as construed in accordance with section 58.

(3) A person shall not do an act which falls within paragraph (a), (b) or (c) of subsection (1).

58. Surrogacy agreements and reasonable expenses

58. (1) An obligation under a surrogacy agreement to pay or reimburse the surrogate mother’s reasonable expenses is enforceable if the agreement was made before the transfer of the embryo to the surrogate mother.

(2) For the purposes of this Part, the reasonable expenses are the surrogate mother’s reasonable expenses associated with any of the following matters that are part of the surrogacy agreement:

(a) becoming or trying to become pregnant;

(b) pregnancy or birth;

(3) The reasonable expenses of a surrogate mother associated with the pregnancy or birth referred to in subsection (2)(b) include the following:

(a) any pre-natal or post-natal medical expenses associated with the pregnancy or birth;

(b) any travel or accommodation expenses associated with the pregnancy or birth;

(c) the expense of reimbursing the surrogate mother for any net loss of income entailed in being the surrogate mother but only for the following periods:

(i) a period of not more than 6 months during which the birth happened or was expected to happen;

(ii) any other period during the pregnancy or thereafter, not exceeding 12 months in total, when the surrogate mother was unable to work on medical grounds related to pregnancy or birth.

(4) The reasonable expenses associated with entering into and giving effect to a surrogacy agreement referred to in subsection (2)(c) include the following:

(a) the expenses associated with the surrogate mother receiving AHR counselling in relation to the agreement (whether before or after she entered into the agreement);

(b) the expenses associated with the surrogate mother receiving independent legal advice in relation to the agreement or a parental order related to the agreement;

(c) the expenses, including the reasonable travel and accommodation expenses, associated with the surrogate mother being a party to proceedings in relation to making a parental order related to the agreement.

(5) Subject to subsection (8), the reasonable expenses of the surrogate mother under any of subsections (2) to (4) shall include any other matters that may be prescribed.

(6) Where the Minister prescribes matters under subsection (5), he or she shall, in addition to having regard to the other provisions of this Act, have regard to reasonable expenses that may be incurred by the surrogate mother in relation to any one or more than one of the following:

(a) maternity clothing;

(b) paid housework or childcare undertaken by persons other than the surrogate mother and her spouse, civil partner or cohabitant (if any);

(d) any other expenses typically incurred in the course of a pregnancy.

(7) An expense is reasonable under any of subsections (2) to (5) only if—

(a) the expense is actually incurred, and

(b) the amount of the expense can be verified by receipts or other documentation.

(8) On and after the establishment day, the Minister shall not prescribe matters under subsection (5) except after consultation with the AHRRA.

59. Non-enforceability of surrogacy agreements, etc.

59. (1) A surrogacy agreement shall not be enforceable by or against any person otherwise than as provided for in section 58.

(2) A surrogate mother has, in relation to her pregnancy, the same rights as a woman, not being a surrogate mother, has in relation to her pregnancy, including—

(a) the right to manage all aspects of her health during the pregnancy and, in that regard, to freely seek and obtain medical services in relation to the pregnancy, and

(b) the right to privacy and confidentiality in relation to her medical treatment during the course of the pregnancy.

60. Advertisements for surrogacy - domestic surrogacy

60. (1) A person shall not publish, or cause to be published, any advertisement, statement, notice or other material that—

(a) states or implies that a person is or may be willing to enter into or arrange a surrogacy agreement,

(b) seeks a person willing to act as a surrogate mother,

(d) is intending or is likely to induce a person to act as a surrogate mother.

(2) In this section, “publish” means to disseminate or provide access, by any means, to the public or a section of the public.

61. Requirement for independent legal advice - domestic surrogacy

61. The surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent) involved shall have received independent legal advice from a legal practitioner and information about the legal implications of the surrogacy agreement before the section 19 consent concerned is given.

62. Information to be provided to and recorded by AHRRA in relation to surrogacy agreements

62. (1) The AHR treatment provider shall, for each embryo transfer undertaken by the provider pursuant to the surrogacy agreement, acquire and retain a record of the following:

(a) in the case of the surrogate mother—

(i) her name,

(ii) her date and place of birth,

(iii) her nationality, and

(iv) her address and contact details;

(b) in the case of each intending parent—

(i) his or her name,

(ii) his or her date of birth,

(iii) whether or not he or she provided a gamete used under the agreement, and

(iv) his or her address and contact details;

(i) his or her name,

(ii) his or her date and place of birth,

(iii) his or her nationality,

(iv) the date on which, and the AHR treatment facility or other like facility, as appropriate, at which he or she made his or her relevant donation (G), and

(v) his or her contact details;

(d) the date on which, and the AHR treatment facility at which, the embryo transfer was undertaken;

(e) the information given to the AHR provider under subsection (2).

(2) Where an AHR treatment has been provided pursuant to a surrogacy agreement by an AHR treatment provider, the surrogate mother shall, as soon as is practicable after becoming aware of the fact, inform the provider of the following:

(a) whether the embryo transfer resulted in a pregnancy;

(b) where the embryo transfer has resulted in pregnancy, the date on which the surrogate mother is expected to give birth;

(i) whether the pregnancy resulted in the birth of a live child, and

(ii) where the pregnancy resulted in the birth of a live child, the name, date, place of birth, sex and address of the child.

(3) The AHR treatment provider shall, for each embryo transfer undertaken by the provider pursuant to a surrogacy agreement, give notice in writing in the specified form to the AHRRA of the following:

(a) that an embryo transfer pursuant to a surrogacy agreement has been undertaken at the AHR treatment facility;

(b) the information the provider has recorded in accordance with subsection (1).

(4) Subject to subsection (2), the AHR treatment provider shall give to the AHRRA the information required under subsection (3) in relation to each embryo transfer undertaken pursuant to a surrogacy agreement at the AHR treatment facility on each of the following dates:

(a) on a date that is not later than six months after the provision of the embryo transfer concerned;

(b) on a date that is not earlier than 12 months and not later than 13 months after the undertaking of the embryo transfer concerned.

(5) (a) Where the AHR treatment provider becomes aware of an error in any information given under this section to the AHRRA, the provider shall, without delay, inform the AHRRA of the error and give the AHRRA the corrected information.

(b) Where the AHR treatment provider becomes aware of a failure to give information to the AHRRA required by this section to be so given, the provider shall, without delay, inform the AHRRA of the failure and give the AHRRA the information.

(6) Where the AHR treatment provider concerned has reasonable grounds to believe that the surrogate mother has failed to comply with subsection (2), the provider shall take such steps as are reasonable in all the circumstances of the case to—

(a) contact the surrogate mother to ascertain whether or not there has been such a failure, or

(b) if there has been such a failure, encourage the surrogate mother to comply with that subsection.

63. Provisions applicable in case of relevant donation (G)

63. (1) Where a relevant donation (G) is used to create the embryo transferred pursuant to a surrogacy agreement, the relevant donor (G)—

(a) is not the parent of a child born as a result of AHR treatment provided pursuant to such use of such donation, and

(b) has no parental rights or duties in respect of the child.

(2) On and after the commencement of this section, a reference in any enactment to a mother, father or parent of a child who was born as a result of AHR treatment provided pursuant to a surrogacy agreement under which the embryo transferred was created using a relevant donation (G) shall be construed as not including the relevant donor (G).

(3) Where an embryo proposed to be transferred pursuant to a surrogacy agreement was or will be created using a relevant donation (G), the transfer shall not be effected unless the section 19 consent of the relevant donor (G) permits the use of such donation pursuant to such an agreement.

64. (1) Subject to subsection (2), where a child is born as a result of AHR treatment provided pursuant to a surrogacy agreement, the child may reside with the intending parents or one of them (or, in the case of a single intending parent, that intending parent) only if the surrogate mother consents in the specified form thereto.

(2) Subsection (1) shall not apply where the surrogate mother—

(a) is deceased, or

(b) cannot be located after reasonable efforts have been made to find her.

65. Application for parental order - domestic surrogacy

65. (1) (a) Subject to subsections (2) to (7), an application (in this Part referred to as a “section 65 application”) may be made to the court for a parental order in respect of a child who was born as a result of AHR treatment provided pursuant to a permitted surrogacy.

(b) A section 65 application shall be accompanied by—

(i) the required particulars specified in Part 2C of the First Schedule to the Act of 2004, and

(ii) particulars of the expenses referred to in section 58.

(2) A section 65 application may only be made by the intending parents or one of them (or, in the case of a single intending parent, that intending parent).

(3) The following shall be parties to a section 65 application:

(a) the intending parents (or, in the case of a single intending parent, that intending parent);

(b) the surrogate mother;

(4) A section 65 application shall be accompanied by evidence that—

(a) the embryo from which the child the subject of the application was born—

(i) was created using a gamete from not less than one of the intending parents of that child (or, in the case of a single intending parent of that child, was created using a gamete from that intending parent), and

(ii) was not created using an egg from the surrogate mother,

and

(b) the child resides with the intending parents or one of them (or, in the case of a single intending parent, that intending parent) named on the application.

(5) Subject to subsection (6), a section 65 application shall be made not earlier than 28 days, and not later than six months, after the day on which the child was born.

(6) The court may extend the time referred to in subsection (5) if it is satisfied that—

(a) there are exceptional circumstances justifying the extension, and

(b) it is in the best interests of the child to do so.

(7) A section 65 application in respect of a child shall only be made if any living sibling who was born as a result of the same pregnancy the subject of the surrogacy agreement concerned is also the subject of the application.

(8) Without prejudice to the generality of section 66(6) and (7), the AHRRA and the Attorney General shall be served with a copy of the section 65 application.

66. Grant of parental order - domestic surrogacy

66. (1) (a) Subject to paragraph (b) and subsections (2) to (5), the court may grant an order pursuant to a section 65 application if it is satisfied that—

(i) the surrogacy meets all of the requirements specified in section 52,

(ii) the intending parents (or, in the case of a single intending parent, that intending parent) named in the application consent to the granting of the order,

(iii) the surrogate mother consents to the granting of the order,

(iv) at the time of the hearing of the application, the child continues to reside with the intending parents or one of them (or, in the case of a single intending parent, that intending parent) named on the application, and

(v) the granting of the order is in the best interests of the child.

(b) A parental order shall include the particulars referred to in section 65(1)(b)(i).

(2) (a) The court may waive a requirement under subsection (1) for consent from an intending parent, in the case of two intending parents, if he or she—

(i) is deceased,

(ii) cannot be located after reasonable efforts have been made to find him or her, or

(iii) lacks the capacity to make a decision in that regard.

(b) The court may waive a requirement under subsection (1) for consent from the surrogate mother if she—

(i) is deceased,

(ii) cannot be located after reasonable efforts have been made to find her, or

(iii) lacks the capacity to make a decision in that regard.

(3) In determining, under subsection (1)(a)(v), what is in the best interests of the child, the court shall have regard to all the circumstances that it considers relevant to the child who is the subject of the section 65 application concerned, including—

(a) the child’s age and maturity,

(b) the physical, psychological and emotional needs of the child,

(d) the child’s social, intellectual and educational needs,

(e) the child’s upbringing and care,

(f) the child’s relationship with his or her intending parents (or, in the case of a single intending parent, that intending parent), and

(g) any other particular circumstances pertaining to the child.

(4) The court shall, in relation to its consideration of a section 65 application and in so far as is practicable, in respect of any child who is capable of forming his or her own views, ascertain those views and give them due weight having regard to the age and maturity of the child.

(5) Proceedings under this section shall be heard otherwise than in public.

(6) At any time on or after the court receives a section 65 application and a relevant authority is not already a party to the proceedings, the court may, at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the relevant authority.

(7) Where, at any time on or after the court receives a section 65 application, a relevant authority requests to be made a party to the proceedings, the court shall order that the relevant authority be added as a party, and, whether or not the relevant authority so requests, the relevant authority may argue before the court any question in relation to the application which the court considers necessary to have fully argued and take such other steps in relation thereto as the relevant authority thinks necessary or expedient.

(8) The court may direct that notice of a section 65 application shall be given to such other persons as the court thinks fit and where notice is so given to any person the court may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings.

(9) In this section, “relevant authority” means—

(a) the Attorney General, or

(b) the AHRRA.

67. Effect of parental order - domestic surrogacy

67. (1) Where the court grants a parental order in respect of a child—

(a) the child becomes the child of the intending parents (or, in the case of a single intending parent, that intending parent) named in the order,

(b) subject to paragraph (e), the child is no longer the child of any person other than a person named as a parent in the order,

(c) the child will be considered, with regard to the rights and duties of parents and children in relation to each other, as the child of the intending parents (or, in the case of a single intending parent, that intending parent) named in the order,

(d) the surrogate mother of the child will lose all parental rights and is freed from all parental duties in respect of the child, and

(e) the order does not affect any order previously made under section 35 of the Status of Children Act 1987 in respect of an intending parent of the child.

(2) Where the court grants a parental order in respect of a child, it shall, within 14 days immediately following such grant, give, or cause to be given, a copy of the order to an tArd-Chláraitheoir and the AHRRA in order to allow—

(a) an tArd-Chláraitheoir to make, or cause to be made, an entry, in the register of parental orders for surrogacy established and maintained under section 13(1)(m) of the Act of 2004, in accordance with section 35C(2) of that Act, and

(b) the AHRRA to make an entry in the National Surrogacy Register under section 68(3)(c).

(3) Where the court refuses to grant a parental order in respect of a child, the court shall, within 14 days immediately following such refusal, give, or cause to be given, a notice in writing of the particulars of such refusal to the AHRRA in order to allow the AHRRA to—

(a) make an entry in the National Surrogacy Register in accordance with section 68(3)(c), and

(b) perform its function under section 68(2).

68. National Surrogacy Register

68. (1) The AHRRA shall, as soon as is practicable after the commencement of this section, establish and maintain a register to be known as the National Surrogacy Register.

(2) Subject to subsection (3), the AHRRA shall make an entry in the National Surrogacy Register, in respect of each child born in the State as a result of AHR treatment provided pursuant to a surrogacy agreement, as soon as is practicable after the AHRRA receives the particulars referred to in subsection (3).

(3) An entry under subsection (2) shall contain the following particulars, where known:

(a) the information in respect of any child born as a result of AHR treatment provided pursuant to a surrogacy agreement, the surrogate mother, the intending parents (or, in the case of a single intending parent, that intending parent) and the relevant donor (G) (if any), as given to the AHRRA under section 62(4);

(b) whether a section 65 application has been made;

(c) where a section 65 application has been made and determined, whether or not a parental order was granted and the date of the determination.

(4) Where the AHRRA has made an entry under subsection (3)(a) and no entry has been subsequently made under subsection (3)(b), the AHRRA shall, not earlier than six months but not later than one year after first making the entry under subsection (3)(a), contact the intending parents (or, in the case of a single intending parent, that intending parent) involved and the surrogate mother, where necessary, to determine if a section 65 application has been made.

(5) Where the AHRRA becomes aware of updated information in relation to subsection (3), or of an error in any information entered under that subsection, it shall, without delay, update or correct the information, as the case may be, and contact an tArd-Chláraitheoir, where necessary, to inform him or her of such updating or correction, as the case may be.

69. Interaction of National Surrogacy Register and register of births - domestic surrogacy

69. (1) This section applies where any of the following events (in this section referred to as a “relevant event”) occurs:

(a) the AHRRA receives the copy of a parental order in respect of a child (AHR) from the court under section 67(2);

(b) the AHRRA is notified under section 67(3) of a refusal of the court to grant a parental order;

(2) The AHRRA shall give notice in writing to an tArd-Chláraitheoir of the relevant event (which, in the case of a relevant event which falls within subsection (1)(a), shall have a copy of the parental order attached to it) in order to enable an tArd Chláraitheoir to note in the entry in the register of births in respect of the child (AHR) that the child was born as a result of AHR treatment provided pursuant to a surrogacy agreement and that additional information is available from the National Surrogacy Register in respect of the child (AHR).

(3) The note referred to in subsection (2) may only be given to the child (AHR) concerned on or after he or she becomes an adult (AHR).

(4) Where the child (AHR), on or after becoming an adult (AHR), applies for a copy of his or her birth certificate, an tArd-Chláraitheoir shall, when issuing a copy of the birth certificate, inform the adult (AHR) that further information relating to him or her is available on the National Surrogacy Register.

(5) In this section—

“birth certificate” means a document issued under section 13(4) of the Act of 2004 in respect of an entry in the register of births;

“register of births” means a register of births maintained by an tArd-Chláraitheoir under—

(a) section 13(1)(a) of the Act of 2004, or

(b) the repealed enactments (within the meaning of the Act of 2004).

70. Access to certain information from National Surrogacy Register and National Donor Conceived Person Register - domestic surrogacy

70. (1) An adult (AHR) born as a result of AHR treatment provided pursuant to a surrogacy agreement in which a relevant donation (G) was used, or the parent or guardian of a child (AHR) born as a result of AHR treatment provided pursuant to a surrogacy agreement in which a relevant donation (G) was used, may make an application (in this section referred to as a “section 70(1) application”) to the AHRRA for the AHRRA to give him or her the following information, where applicable:

(a) information in respect of the relevant donor (G) that is recorded on the National Surrogacy Register other than the donor’s name, date of birth and contact details;

(b) the number of persons who have been born as a result of such use of such donation or, where applicable, a DAHR procedure or further DAHR procedure, or both, and the sex and year of birth of each of them.

(2) A relevant donor (G) may make an application (in this section referred to as a section 70(2) application) to the AHRRA for the AHRRA to give him or her information from the National Surrogacy Register on the number of persons who have been born as a result of the use of his or her relevant donation (G) in AHR treatment provided pursuant to a surrogacy agreement, and the sex and year of birth of each of them.

(3) A donor-conceived child who has attained the age of 16 years, or the parent or guardian of a donor-conceived child who has not attained the age of 16 years, may make an application (in this section referred to as a “section 70(3) application”) to the AHRRA for the AHRRA to give him or her information on the number of persons who have been born as a result of the use in AHR treatment of a relevant donation (G) by the same relevant donor (G) where such donation so used created the embryo that resulted in the donor-conceived child, and the sex and year of birth of each of them.

(4) Subject to sections 75 and 76, the AHRRA shall comply with a section 70(1) application, section 70(2) application or section 70(3) application by giving notice in writing to the applicant setting out the information sought by the applicant.

71. Information in respect of intending parents or surrogate mother to be given to adult (AHR) - domestic surrogacy

71. (1) An adult (AHR) born as a result of AHR treatment provided pursuant to a surrogacy agreement may make an application (in this section referred to as a “section 71? application”) to the AHRRA to be given the name, date of birth and contact details of his or her intending parents (or, in the case of a single intending parent, that intending parent) or the surrogate mother, as the case may be, that are recorded on the National Surrogacy Register.

(2) Subject to sections 75 and 76, where the AHRRA receives a section 71 application, it shall give the information sought by the section 71 application to the adult (AHR).

72. Information in respect of relevant donor (G) to be provided to child born as result of AHR treatment provided pursuant to surrogacy agreement in which embryo transferred was created using relevant donation (G)

72. (1) This section applies to an adult (AHR) who was born as a result of AHR treatment provided pursuant to a surrogacy agreement in which the embryo transferred was created using a relevant donation (G).

(2) The adult (AHR) may make an application (in this section referred to as a “section 72 application”) to the AHRRA to be given the name, date of birth and contact details of the relevant donor (G) as recorded on the National Surrogacy Register.

(3) Subject to sections 75 and 76, where the AHRRA receives a section 72 application, it shall give the information sought by the section 72 application to the adult (AHR).

73. Information in respect of other persons that may be requested from AHRRA - domestic surrogacy

73. (1) This section applies to—

(a) a person (in this section referred to as the “relevant person”) who is either—

(i) an adult (AHR) born as a result of AHR treatment provided pursuant to a surrogacy agreement in which the embryo transferred was created using a relevant donation (G), or

(ii) a donor-conceived child who has attained the age of 16 years,

and

(b) the relevant donor (G) of a relevant donation (G) that was used to create the embryo transferred pursuant to a surrogacy agreement which resulted in the birth of a child (AHR).

(2) (a) The relevant person may make an application (in this section referred to as a “section 73(2) application”) to the AHRRA to record on the National Surrogacy Register or the National Donor-Conceived Person Register, as the case may be, a statement of his or her name, date of birth and contact details, and confirming that he or she consents to the release of that information to the applicant concerned where the AHRRA has received an application under this section for the release of such information.

(b) Subject to sections 75 and 76, the AHRRA shall comply with a section 73(2) application.

(3) (a) The relevant person may make an application (in this section referred to as a “section 73(3)(a) application”) to the AHRRA to be given the name, date of birth and contact details of any child (AHR) or adult (AHR) with whom the relevant person shares a common relevant donor (G).

(b) The relevant donor (G) may make an application (in this section referred to as a “section 73(3)(b) application”) to the AHRRA to be given the name, date of birth and contact details of the relevant person in relation to whom the donor provided a relevant donation (G) referred to in subsection (1)(b).

(c) Subject to sections 75 and 76, where the AHRRA receives a section 73(3)(a) application or section 73(3)(b) application, it shall search the National Surrogacy Register and the National Donor-Conceived Person Register for the information sought by the application.

(4) Where the AHRRA receives a section 73(3)(a) application in respect of a relevant person to whom subsection (2) applies, the AHRRA shall send the relevant person a notice in writing informing him or her that—

(a) a section 73(3)(a) application has been made by another relevant person who shares a common relevant donor (G) with the first-mentioned relevant person, and

(b) unless the first-mentioned relevant person informs the AHRRA, within 12 weeks of the date of sending the notice, that he or she objects to the giving of the information sought by the application, the AHRRA will give the information to the applicant.

(5) Where the AHRRA receives a section 73(3)(b) application in respect of a relevant person to whom subsection (2) applies, the AHRRA shall send the relevant person a notice in writing informing him or her that—

(a) a section 73(3)(b) application has been made by the relevant donor (G) of the relevant donation (G) that was used to create the embryo concerned, and

(b) unless the relevant person informs the AHRRA, within 12 weeks of the date of sending the notice, that he or she objects to the giving of the information sought by the application, the AHRRA will give the information to the applicant.

(6) Where the relevant person to whom a notice under subsection (4) or (5) is given does not, within the 12 weeks referred to in that subsection, object to the giving of the information sought by the section 73(3)(a) application or section 73(3)(b) application, as the case may be, the AHRRA shall give that information to the applicant.

(7) In this section, a reference to a relevant donation (G) includes a reference to a gamete donated under the Act of 2015 and a reference to a relevant donor (G) includes, in the case of a gamete donated under the Act of 2015, the donor under the Act of 2015 of that gamete.

74. Provisions supplementary to sections 70 to 73

74. (1) Where information relating to a person is, in accordance with this Part, recorded on the National Surrogacy Register, that person (or, in the case of a person who has not attained the age of 16 years, his or her parent or guardian) may make an application (in this section referred to as a section 74 application) to the AHRRA to update the information concerned.

(2) Subject to sections 75 and 76, the AHRRA shall comply with a section 74 application.

75. Applications to AHRRA not correctly completed - domestic surrogacy

75. (1) Where the AHRRA is not satisfied that an application made to it under this Part has been correctly (including accurately) completed, it may, by notice in writing given to the applicant, refuse to comply with the application or, as the case requires, refuse to take any other action under this Part on foot of the application and state in the notice the reasons for such refusal.

(2) The reference in subsection (1) to the AHRRA not being satisfied that an application made to it under this Part has been correctly completed includes a reference to the AHRRA not being satisfied as to the identity of the applicant or another person named in the application.

76. Additional information - domestic surrogacy

76. Where an application is made under this Part to the AHRRA, the AHRRA may, by notice in writing given to the applicant, require the applicant to give in the specified form such additional information in relation to any matter to which the application relates as the AHRRA reasonably considers necessary to assist it to determine or, as the case requires, take any other action under this Part on foot of the application.

77. Provisions supplementary to sections 75 and 76

77. Sections 75 and 76 shall, with all necessary modifications, apply to—

(a) a specified form, not being an application under this Part, given to the AHRRA under this Part as they apply to an application made under this Part, and

(b) the person who gave such form to the AHRRA as they apply to the applicant in respect of an application made to the AHRRA under this Part.

78. Onus on AHR treatment provider to be satisfied that certain provisions of this Part have been complied with

78. An AHR treatment provider shall not provide AHR treatment pursuant to a surrogacy agreement unless the provider is satisfied that the provisions of this Part applicable to the surrogacy and the surrogacy agreement that need to be complied with before the provision of such treatment have been complied with.

PART 8 International Surrogacy

Chapter 1 Interpretation, application and approval of surrogacy jurisdictions

79. Interpretation Part 8

79. (1) In this Part—

“AHR counselling (SJ)”, in relation to AHR treatment (SJ) to be provided pursuant to a surrogacy agreement attached to a section 90 application, means a service provided by an AHR counsellor (SJ) under which he or she—

(a) if the application involves two intending parents, counsels such parents regarding the potential social and psychological implications that may arise in the case of such agreement being approved under section 90 and, if applicable, such parents, or one of them, as the case may be, being provided such treatment,

(b) if the application involves a single intending parent, counsels such parent regarding the potential social and psychological implications that may arise in the case of such agreement being approved under section 90 and, if applicable, such parent being provided such treatment, or

(c) counsels the potential surrogate mother regarding the potential social and psychological implications that may arise in the case of such agreement being approved under section 90 and such mother being provided such treatment;

“AHR counsellor (SJ)”, in relation to AHR treatment (SJ), means a person who has the requisite skills and judgment to provide AHR counselling (SJ) as regards such treatment;

“AHR treatment (SJ)” means the AHR treatment referred to in the definition of “AHR treatment provider (SJ)”;

“AHR treatment facility (SJ)”, in relation to AHR treatment (SJ) that the AHR treatment provider (SJ) may lawfully provide in the surrogacy jurisdiction concerned, means the premises in the jurisdiction at which the provider may lawfully provide such treatment;

“AHR treatment provider (SJ)”, in relation to a surrogacy jurisdiction, means a person based in that jurisdiction who lawfully provides in the jurisdiction AHR treatment pursuant to a permitted international surrogacy;

“approved surrogacy jurisdiction” means a surrogacy jurisdiction for the time being approved under section 81(1);

“intermediary”, in relation to a surrogacy jurisdiction, means any person (including a body corporate or unincorporated body) who lawfully provides, in that jurisdiction, a service (not being the direct provision of a legal, medical or counselling service) in relation to a permitted international surrogacy;

“international surrogacy”, in relation to a surrogacy jurisdiction, means a surrogacy agreement in the specified form—

(a) entered into by—

(i) a surrogate mother who has been habitually and lawfully resident in that jurisdiction for not less than two years immediately preceding her entering into the agreement, and

(ii) either—

(I) both intending parents, not less than one of whom has been habitually and lawfully resident in the State for not less than two years immediately preceding his or her entering into the agreement, 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 for not less than two years immediately preceding his or her entering into the agreement,

(b) without prejudice to the generality of section 80, where the entering into that agreement by that surrogate mother and those intending parents or that intending parent, as the case may be, is lawful in that jurisdiction, and

“legal practitioner (SJ)”, in relation to a surrogacy jurisdiction, means a person who is authorised (howsoever described) in that jurisdiction to provide legal advice on a surrogacy agreement (SJ) which may be, or has been, entered into for the purposes of a surrogacy the subject of that agreement which may be, or has been, undertaken in that jurisdiction;

“parental order” means an order granted by the court under section 103(1)(a) for the transfer of the parentage of a child;

“permitted international surrogacy” shall be construed in accordance with section 89(1);

“relevant donation (SJG)” means, as appropriate—

(a) a donation of gametes made in accordance with—

(i) section 27(1) or (2), or

(ii) the law of a jurisdiction (whether or not it is a surrogacy jurisdiction) other than the State,

for use in the provision of AHR treatment, or

(b) the gametes the subject of such donation;

“relevant donor (SJG)”, in relation to a relevant donation (SJG), means the person who has made or proposes to make the donation;

“section 87 consent” shall be construed in accordance with section 87(1);

“section 90 application” shall be construed in accordance with section 90(2);

“section 102 application” shall be construed in accordance with section 102(1);

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

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

(a) the surrogacy the subject of a permitted international surrogacy may be lawfully undertaken, and

(b) the embryo transfer concerned is to be undertaken and, subject to section 103(2)(a), the child (if any) resulting from that transfer is expected to be born.

(2) A reference in this Part to the spouse, civil partner or cohabitant of a surrogate mother shall be construed to include the equivalent (if any), under the law of the surrogacy jurisdiction concerned, of a spouse, civil partner or cohabitant as defined in section 2.

80. Application

80. For the avoidance of doubt, nothing in this Part shall be construed to relieve any person involved in any capacity in a surrogacy agreement (SJ) from compliance in all respects with the law of the surrogacy jurisdiction concerned relating to surrogacy in that jurisdiction.

81. Approval of surrogacy jurisdiction

81. (1) The AHRRA may, after consultation with the Minister and the Minister for Foreign Affairs and having regard to the matters specified in subsection (2) for the purposes of this subsection, by order approve a surrogacy jurisdiction specified in the order, with effect from a date specified in the order for the purpose, as a jurisdiction in which an international surrogacy may be undertaken if the AHRRA considers that such approval is appropriate in all the circumstances of the case.

(2) The matters which the AHRRA shall have regard to for the purposes of deciding whether or not to approve under subsection (1) a surrogacy jurisdiction as a jurisdiction in which an international surrogacy may be undertaken are as follows:

(a) the law of the jurisdiction relating to surrogacy, including whether or not that law—

(i) permits a commercial surrogacy referred to in section 93, and

(ii) requires intending parents or one of them (or, in the case of a single intending parent, that intending parent) to be resident or domiciled in the jurisdiction;

(b) without prejudice to the generality of paragraph (a), the protections afforded under the law of the jurisdiction to children that may be born as a result of AHR treatment (SJ) in the event of any such children not receiving adequate care and protection;

(c) the ability of the AHRRA to monitor compliance with the provisions of this Part of an international surrogacy undertaken in the jurisdiction;

(d) any civil or military activities, or potential civil or military activities, relating to the jurisdiction that may present a potential significant risk of harm to any person participating, in any capacity, in an international surrogacy undertaken in the jurisdiction;

(e) the law of the jurisdiction relating to medical professionals undertaking surrogacy in the jurisdiction, in particular whether there is a regulatory authority (howsoever described) exercising oversight of such professionals and the nature and degree of such oversight;

(f) the law of the jurisdiction relating to persons acting as intermediaries (if any) in the jurisdiction, in particular whether there is a regulatory authority (howsoever described) exercising oversight of such intermediaries and the nature and degree of such oversight;

(g) the extent to which the law of the jurisdiction—

(i) provides for the rights of pregnant women, including surrogate mothers, as regards their health, privacy and bodily autonomy,

(ii) makes no distinction, as regards the rights referred to in subparagraph (i), between pregnant women who are not surrogate mothers and pregnant women who are surrogate mothers, and

(iii) is enforced as regards the rights referred to in subparagraph (i).

(3) Subject to subsection (4), the AHRRA may, after consultation with the Minister and the Minister for Foreign Affairs, by order, revoke the approval under subsection (1) of a surrogacy jurisdiction specified in the order, with effect from a date specified in the order for the purpose, if, at a subsequent time, the AHRRA considers that, if that jurisdiction were not so approved and having regard to the matters specified in subsection (2) for the purposes of subsection (1), such approval would not be appropriate in all the circumstances of the case.

(4) The revocation under subsection (3) of the approval of a surrogacy jurisdiction under subsection (1) shall not affect an international surrogacy, undertaken in that jurisdiction, the subject of a surrogacy agreement (SJ) that has been approved under section 90 before the date, specified in the order concerned under subsection (3), on which that revocation takes effect.

(5) For the avoidance of doubt, it is hereby declared that the revocation under subsection (3) of the approval under subsection (1) of a surrogacy jurisdiction shall not be construed to prevent that jurisdiction from again being so approved.

Chapter 2 General provisions relating to international surrogacy

82. Definition Chapter 2

82. In this Chapter, “AHR information document (SJ)”, in relation to a type of AHR treatment (SJ), means the document published on the AHRRA’s website pursuant to section 83(1) and that relates to that type of AHR treatment (SJ).

83. AHR information document (SJ)

83. (1) Subject to subsection (2) and section 84, where the AHRRA approves under section 81(1) a surrogacy jurisdiction as a jurisdiction in which an international surrogacy may be undertaken, it shall, on or before the date specified in the order concerned under section 81(1) as the date on which such approval shall take effect, prepare and publish on its website a document, for each type of AHR treatment (SJ) and in the official language (or one of the official languages) of that jurisdiction and, if that language is not English, also in English and Irish, setting out the basic information that it is satisfied that a person seeking, or potentially seeking, such type of AHR treatment (SJ) ought to know about such treatment.

(2) Where the official language (or one of the official languages) of an approved surrogacy jurisdiction is not English, the AHRRA may publish an AHR information document (SJ) in English and Irish only if it is satisfied that the document is relevant only to the intending parents (or, in the case of a single intending parent, that intending parent) concerned.

84. Provisions supplementary to section 83

84. (1) This section applies without prejudice to the generality of section 83.

(2) The AHR information document (SJ) for a type of AHR treatment (SJ) to be provided pursuant to a surrogacy agreement (SJ) shall inform the surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent) involved of the following matters in relation to the law of the State:

(a) that the surrogate mother will be the mother of any child born as a result of AHR treatment (SJ) provided pursuant to the agreement;

(b) that the surrogate mother’s husband (if any) under a subsisting marriage will not be presumed to be the father of any child born as a result of AHR treatment (SJ) provided pursuant to the agreement;

(c) that the intending parents (or, in the case of a single intending parent, that intending parent) will not, without a parental order, be the parents (or, in the case of a single intending parent, the parent) of any child born as a result of AHR treatment (SJ) provided pursuant to the agreement other than in the case of an intending parent who provided the sperm used in such treatment;

(d) where a relevant donation (SJG) will be used to create the embryo to be transferred to the surrogate mother pursuant to the agreement, the relevant donor (SJG) will not be a parent of the child;

(e) that the information specified in section 99(1) will be recorded in the National Surrogacy Register in respect of—

(i) the surrogate mother,

(ii) the intending parents (or, in the case of a single intending parent, that intending parent),

(iii) any child born as a result of AHR treatment (SJ) provided pursuant to the agreement, and

(iv) where a relevant donation (SJG) was used to create the embryo that was transferred pursuant to the agreement, the relevant donor (SJG);

(f) that any person born as a result of AHR treatment (SJ) provided pursuant to the agreement may, in accordance with the provisions of Chapter 3—

(i) access the information pertaining to each party to the agreement recorded on the National Surrogacy Register, and

(ii) seek to contact any party to the agreement;

(g) that, where a relevant donation (SJG) will be used to create the embryo to be transferred to the surrogate mother pursuant to the agreement, the relevant donor (SJG) is entitled to obtain from the National Surrogacy Register the information specified in section 107(2);

(h) that the intending parents (or, in the case of a single intending parent, that intending parent) have (or has) an obligation under section 99(3) to cause the information specified in that section to be given by the AHR treatment provider (SJ) to the AHRRA;

(i) having regard to the child’s right to know his or her origins, that it is desirable that—

(i) the surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent) keep updated, in accordance with section 111, the information in relation to him or her that is recorded on the National Surrogacy Register, and

(ii) the intending parents (or, in the case of a single intending parent, that intending parent) inform the child, at an appropriate age, that he or she was born as a result of AHR treatment (SJ) provided pursuant to the agreement;

(j) the right of the surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent) to revoke, or revoke and replace, his or her section 87 consent.

85. Safety of children - AHRRA

85. (1) The AHRRA shall not approve under section 90 a surrogacy agreement (SJ) unless it is satisfied, based on the information available to the AHRRA, that the relevant person, and each other relevant person, does not present a potential significant risk of harm or neglect to—

(a) any child that may be born as a result of AHR treatment (SJ) to be provided pursuant to the agreement, or

(b) any other child.

(b) Subject to paragraph (c) and subsection (6), the Minister—

(i) shall, as soon as is practicable after the commencement of this subsection, by regulations specify the information, or information falling within a class of information specified in the regulations, that a section 85 return may require a relevant person, or a relevant person falling within a class of relevant persons specified in the regulations, to provide, and

(ii) may by regulations specify the circumstances (if any) in which such information may be further disclosed by the AHRRA in addition to further disclosures required by law.

(c) Where the Minister makes regulations under paragraph (b), he or she shall, in addition to having regard to the other provisions of this Act, have regard to the following:

(i) that, in determining the information to be specified, the paramount consideration is the safety of any child referred to in subsection (1);

(ii) that the information sought needs to be appropriate and proportionate to satisfying the AHRRA as referred to in subsection (1);

(d) The AHRRA shall, in specifying different forms of section 85 returns, ensure that the forms are consistent with the regulations made under paragraph (b).

(3) Subject to subsection (4), where the AHRRA is not satisfied after having assessed the section 85 returns concerned, as referred to in subsection (1), the AHRRA shall, as soon as is practicable after the expiration of the period concerned referred to in subsection (2)(a), by notice in the specified form (in this section referred to as a “section 85 notice”) given to each relevant person, state the reasons why the AHRRA is not so satisfied.

(4) For the purposes of subsection (3), the AHRRA may also assess information obtained otherwise than from a relevant person.

(5) The AHRRA shall retain the original or a copy of—

(a) a section 85 return,

(b) a section 85 notice,

(d) any note made in writing, by the AHRRA, of information referred to in subsection (4) which is not in writing,

for not less than 30 years after receiving the return, issuing the notice, obtaining the information or making the note, as the case may be.

(6) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the AHRRA.

(7) In this section, “relevant person”, in relation to any child that may be born as a result of AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ), means—

(a) in the case of two intending parents, each of the parents,

(b) in the case of a single intending parent, that parent and the parent’s spouse, civil partner or cohabitant (if any), and

86. AHR counselling (SJ)

86. The AHRRA shall not approve under section 90 a surrogacy agreement (SJ) attached to a section 90 application unless it is satisfied that AHR counselling (SJ) has been given to the intending parents (or, in the case of a single intending parent, that intending parent) and the surrogate mother concerned.

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Health (Assisted Human Reproduction) Act 2024

42. Disposal of relevant storage (T)

PART 5 Posthumous Assisted Human Reproduction

43. Requirements applicable to provision of PAHR

PART 6 Pre-Implantation Genetic Testing

44. Definitions - Part 6

45. PGT-M and PGT-SR

46. PGT-A

47. HLA matching

48. Sex selection

49. Establishment of Register of Genetic Diseases

50. Genetic counselling

PART 7 Domestic Surrogacy

51. Definitions - Part 7

52. Permitted surrogacy

53. Approval of surrogacy agreements

54. Safety of children - AHRRA

55. Surrogate mothers - domestic surrogacy

56. Intending parents - domestic surrogacy

57. Prohibition of commercial surrogacy - domestic surrogacy

58. Surrogacy agreements and reasonable expenses

59. Non-enforceability of surrogacy agreements, etc.

60. Advertisements for surrogacy - domestic surrogacy

61. Requirement for independent legal advice - domestic surrogacy

62. Information to be provided to and recorded by AHRRA in relation to surrogacy agreements

63. Provisions applicable in case of relevant donation (G)

64. Consent to child born as result of AHR treatment provided pursuant to surrogacy agreement to live with intending parents

65. Application for parental order - domestic surrogacy

66. Grant of parental order - domestic surrogacy

67. Effect of parental order - domestic surrogacy

68. National Surrogacy Register

69. Interaction of National Surrogacy Register and register of births - domestic surrogacy

70. Access to certain information from National Surrogacy Register and National Donor Conceived Person Register - domestic surrogacy

71. Information in respect of intending parents or surrogate mother to be given to adult (AHR) - domestic surrogacy

72. Information in respect of relevant donor (G) to be provided to child born as result of AHR treatment provided pursuant to surrogacy agreement in which embryo transferred was created using relevant donation (G)

73. Information in respect of other persons that may be requested from AHRRA - domestic surrogacy

74. Provisions supplementary to sections 70 to 73

75. Applications to AHRRA not correctly completed - domestic surrogacy

76. Additional information - domestic surrogacy

77. Provisions supplementary to sections 75 and 76

78. Onus on AHR treatment provider to be satisfied that certain provisions of this Part have been complied with

PART 8 International Surrogacy

Chapter 1 Interpretation, application and approval of surrogacy jurisdictions

79. Interpretation Part 8

80. Application

81. Approval of surrogacy jurisdiction

Chapter 2 General provisions relating to international surrogacy

82. Definition Chapter 2

83. AHR information document (SJ)

84. Provisions supplementary to section 83

85. Safety of children - AHRRA

86. AHR counselling (SJ)

87. Consent - international surrogacy