Health (Assisted Human Reproduction) Act 2024

Type Act

Publication 2024-07-02

State In force

Source Irish Statute Book

articles 234

87. (1) Subject to subsection (2), the AHRRA shall not approve under section 90 a surrogacy agreement (SJ) attached to a section 90 application unless it is satisfied that consent in the specified form (in this Part referred to as “section 87 consent”) to the provision of AHR treatment (SJ) (including every stage of such treatment) pursuant to the agreement to a person has been given by—

(a) that person, and

(b) each relevant person.

(2) A person’s section 87 consent shall not be considered valid unless—

(a) it was given voluntarily,

(b) the person had the capacity to give such consent at the time it was given,

(d) it can be revoked, or revoked and replaced, by the person giving the consent.

(3) In this section, “relevant person”, in relation to a person seeking AHR treatment (SJ), means, if such person is an intending parent, the other intending parent (if any).

88. Provisions supplementary to section 87

88. (1) This section applies without prejudice to the generality of section 151.

(2) The specified form of a section 87 consent shall 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 (SJ) concerned,

(b) confirm that he or she has received the AHR counselling (SJ) required under section 86,

(d) consent to the recording of information required under section 99, and

(e) confirm that he or she understands that a person born as a result of AHR treatment (SJ) provided pursuant to the surrogacy agreement (SJ) may, in accordance with the provisions of Chapter 3—

(i) access the information specified in section 99(1), or

(ii) seek to contact any or all parties to the surrogacy agreement.

(3) The specified form of a section 87 consent shall, where a relevant donation (SJG) is proposed to be used to create an embryo to be transferred pursuant to a surrogacy agreement (SJ), require the relevant donor (SJG) to—

(a) 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 99(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 109(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 107(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 111, the information in relation to him or her that is recorded on the National Surrogacy Register, and

(vi) he or she has the right to revoke, or revoke and replace, such consent at any stage before the formation of the embryo,

(b) consent to the recording of information required under section 99(1), and

(c) confirm that he or she understands that a person born as a result of such use of such donation may, in accordance with Chapter 3—

(i) access the information specified in section 99(1) in respect of the donor, and

(ii) seek to contact the donor.

Chapter 3 Permitted international surrogacy

89. Permitted international surrogacy

89. (1) The surrogacy the subject of a surrogacy agreement (SJ) is a permitted international surrogacy only where the surrogacy is an international surrogacy that has been approved under section 90 by the AHRRA before any AHR treatment (SJ) has been provided pursuant to the agreement and the surrogacy complies with all of the following:

(a) the surrogacy jurisdiction is an approved surrogacy jurisdiction;

(b) the surrogate mother meets the requirements specified in section 91;

(c) 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 92;

(d) the AHR treatment provider (SJ) gives an undertaking in the specified form, before the section 90 application is made—

(i) that the AHR treatment (SJ) to be provided pursuant to the agreement will, upon each occasion on which it is provided, only involve the transfer of a single embryo to the surrogate mother,

(ii) where an embryo proposed to be transferred pursuant to the agreement was or will be created using a relevant donation (SJG), that the provider will not effect the transfer unless the section 87 consent of the relevant donor (SJG) permits the use of such donation pursuant to such an agreement, and

(iii) that the provider will not disclose the personal details of a relevant donor (SJG) referred to in subparagraph (ii) to the intending parents (or, in the case of a single intending parent, that intending parent);

(e) it is not a commercial surrogacy agreement (SJ) referred to in section 93;

(f) 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 (SJG) (if any) and any child born as a result of AHR treatment (SJ) provided pursuant to the agreement are recorded in accordance with sections 99 and 105;

(g) without prejudice to the generality of section 80, the agreement meets all the requirements for a surrogacy agreement to be undertaken in the surrogacy jurisdiction concerned.

(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 international surrogacy, but does not in fact relate to a permitted international 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) For avoidance of doubt, neither subsection (2) nor (3) shall be construed as prohibiting—

(a) the provision of consular assistance and services, including the issuing of travel documents, by or on behalf of the State, or

(b) the giving, by a legal practitioner or legal practitioner (SJ), of legal advice in relation to any agreement or other arrangement—

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

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

(5) Subject to section 80, 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.

90. Approval of surrogacy agreements (SJ)

90. (1) Intending parents (or, in the case of a single intending parent, that intending parent) shall not participate in a surrogacy agreement (SJ) other than a surrogacy agreement (SJ) that has been approved under subsection (3).

(2) (a) Intending parents (or, in the case of a single intending parent, that intending parent) may make an application in the specified form (in this Part referred to as a “section 90 application”), accompanied by the specified fee, to the AHRRA for the AHRRA’s approval under subsection (3) of the completed surrogacy agreement (SJ) attached to the application.

(b) Without prejudice to the generality of section 151—

(i) the specified form of a surrogacy agreement (SJ) 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, and

(ii) the specified form of a section 90 application shall require—

(I) such evidence as is specified in the form as is reasonably required by the AHRRA to enable it to determine whether or not the provisions of sections 86, 87, 88(2), 88(3), paragraphs (b), (c), (d), (e) and (g) of section 89(1) and paragraph (c) of section 92(3) have been complied with, and

(II) if an intermediary is to be used, an estimate of the relevant fees referred to in section 97(b).

(3) Subject to sections 112 and 113, the AHRRA shall determine a section 90 application by—

(a) subject to subsection (4), giving notice in writing to the applicant approving the surrogacy agreement (SJ) attached to the application where the AHRRA is satisfied that—

(i) the surrogacy the subject of the agreement is a permitted international 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 agreement is a permitted international 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 (SJ) attached to the application and stating in the notice the reasons for such refusal.

(4) (a) Subject to paragraph (b), the approval under subsection (3) of a surrogacy agreement (SJ) 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 (3) of a surrogacy agreement (SJ) 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.

(5) Where the AHRRA is minded to determine a section 90 application by refusing to approve the surrogacy agreement (SJ) 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 (3) following the expiration of that period.

(6) For the avoidance of doubt, it is hereby declared that subsection (5) only applies once to the same section 90 application.

(7) In the case of two intending parents, should a surrogacy agreement (SJ) 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.

91. Surrogate mothers - international surrogacy

91. (1) Subject to subsection (2), a woman may act as a surrogate mother under a surrogacy agreement (SJ) 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,

(c) there is a report from the AHR counsellor (SJ) who gave her the AHR counselling (SJ) referred to in paragraph (c) of the definition of “AHR counselling (SJ)” in section 79 that she is suitable to act as a surrogate mother, and

(d) she has been assessed and approved as suitable to act as a surrogate mother by an appropriate medical specialist or a medical practitioner (within the meaning of section 2 of the Act of 2007) who is, in the surrogacy jurisdiction concerned, the equivalent of such specialist.

(2) (a) A surrogacy agreement (SJ) is not a permitted international 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).

92. Intending parents - international surrogacy

92. (1) A surrogacy agreement (SJ) 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 90 application concerned is made.

(3) Every surrogacy agreement (SJ) 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 (SJ) provided pursuant to the agreement until that child has attained the age of 18 years,

(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 male;

(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 90 application concerned is made, that he or she shall—

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

(b) make a section 102 application in respect of any child born as a result of AHR treatment (SJ) provided pursuant to the surrogacy agreement (SJ).

(5) An intending parent who provided a gamete used to create the embryo to be transferred pursuant to the surrogacy agreement (SJ) shall submit evidence to the AHR treatment provider (SJ) concerned that he or she has undergone, in the State, the testing required for donors of reproductive cells under Regulation 11 of the Regulations of 2006 before the embryo transfer is undertaken and such evidence shall include the results of such testing.

93. Prohibition of commercial surrogacy - international surrogacy

93. (1) Subject to subsection (2), a surrogacy agreement (SJ) is a commercial surrogacy agreement (SJ) 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 89(4) or 98 or a surrogate mother’s reasonable expenses as construed in accordance with section 94.

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

94. Surrogacy agreements (SJ) and reasonable expenses

94. (1) An obligation under a surrogacy agreement (SJ) 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 (SJ):

(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 (SJ) referred to in subsection (2)(c) include the following:

(a) the expenses associated with the surrogate mother receiving AHR counselling (SJ) 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.

95. Non-enforceability of surrogacy agreements (SJ)

95. A surrogacy agreement (SJ) shall not be enforceable by or against any person otherwise than as provided for in section 94.

96. Advertisements for surrogacy - international surrogacy

96. (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 (SJ),

(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.

97. Role of intermediaries

97. Notwithstanding sections 93 and 96, the services of an intermediary in a surrogacy jurisdiction may be availed of by intending parents (or, in the case of a single intending parent, that intending parent) in a permitted international surrogacy only if—

(a) the provision of those services by that intermediary in that jurisdiction to those intending parents (or, in the case of a single intending parent, that intending parent) is so provided in accordance with the law of that jurisdiction, and

(b) the fees paid to the intermediary for the provision of those services to those intending parents (or, in the case of a single intending parent, that intending parent) (in this paragraph referred to as the “relevant fees”) are reasonable having regard to all the circumstances of the case, including—

(i) the nature of those services,

(ii) the level of fees paid in that jurisdiction for services (if any) comparable to those services, and

(iii) where a legal, medical or counselling service (or any combination thereof) related to the permitted international surrogacy is provided in that jurisdiction to those intending parents (or, in the case of a single intending parent, that intending parent) through the intermediary, the relevant fees as a proportion of the combination of the relevant fees and the professional fees paid for the legal, medical or counselling service (or, as the case may be, the combination of the professional fees paid for the legal, medical and counselling services).

98. Requirement for independent legal advice - international surrogacy

98. The surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent) shall have received independent legal advice from both a legal practitioner and a legal practitioner (SJ) about the legal implications of the surrogacy agreement (SJ) before the section 87 consent concerned is given.

99. Information to be provided to and recorded by AHRRA in relation to surrogacy agreements (SJ)

99. (1) The intending parents (or, in the case of a single intending parent, that intending parent) shall cause the AHR treatment provider (SJ), for each embryo transfer undertaken by the provider pursuant to a surrogacy agreement (SJ), to 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;

(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;

(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, AHR treatment facility (SJ), or other like facility, as appropriate, at which he or she made his or her relevant donation (SJG);

(v) his or her contact details;

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

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

(2) Where an AHR treatment (SJ) has been provided pursuant to a surrogacy agreement (SJ) by an AHR treatment provider (SJ), the intending parents (or, in the case of a single intending parent, that intending parent) shall cause the surrogate mother, as soon as is practicable after the surrogate mother becomes aware of the fact, to 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 intending parents (or, in the case of a single intending parent, that intending parent) shall, for each embryo transfer undertaken by the AHR treatment provider (SJ) pursuant to a surrogacy agreement (SJ), cause the provider to give notice in writing in the specified form to the AHRRA of the following:

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

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

(4) Subject to subsection (2), the intending parents (or, in the case of a single intending parent, that intending parent) shall cause the AHR treatment provider (SJ) to give to the AHRRA the information required under subsection (3) in relation to each embryo transfer undertaken pursuant to a surrogacy agreement (SJ) at the AHR treatment facility (SJ) 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 intending parents (or, in the case of a single intending parent, that intending parent) becomes aware of an error in any information given under this section to the AHRRA, the intending parents (or intending parent) shall, without delay, inform the AHRRA of the error and give the AHRRA the corrected information.

(b) Where the intending parents (or, in the case of a single intending parent, that intending parent) becomes aware of a failure to give information to the AHRRA required by this section to be so given, the intending parents (or intending parent) shall, without delay, cause the AHR treatment provider (SJ) concerned to inform the AHRRA of the failure and give the AHRRA the information.

(6) Where the intending parents (or, in the case of a single intending parent, that intending parent) have (or has) reasonable grounds to believe that the surrogate mother has failed to give the AHR treatment provider (SJ) the information referred to in subsection (2), such steps shall be taken by the intending parents (or intending parent), or the intending parents (or intending parent) shall cause the provider to 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.

100. Provisions applicable in case of relevant donation (SJG)

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

(a) is not the parent of a child born as a result of AHR treatment (SJ) 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 (SJ) provided pursuant to a surrogacy agreement (SJ) under which the embryo transferred was created using a relevant donation (SJG) shall be construed as not including the relevant donor (SJG).

101. (1) Subject to subsection (2), where a child is born as a result of AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ), 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.

102. Application for parental order - international surrogacy

102. (1) (a) Subject to subsections (2) to (7), an application (in this Part referred to as a “section 102 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 international surrogacy.

(b) A section 102 application shall be accompanied by—

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

(ii) subject to subparagraph (iii), if an intermediary was used, particulars of the relevant fees referred to in section 97(b), and

(iii) particulars of the expenses referred to in section 94 (and regardless of whether or not they form part of the relevant fees referred to in subparagraph (ii)).

(2) A section 102 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 102 application:

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

(b) the surrogate mother;

(4) A section 102 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 (including a deceased such parent referred to in section 90(2)(b)(i)) 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 102 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 102 application in respect of a child shall only be made if any living sibling who was born as a result of the same pregnancy is also the subject of the application.

(8) Without prejudice to the generality of section 103(6) and (7), the AHRRA and the Attorney General shall be served with a copy of the section 102 application.

103. Grant of parental order - international surrogacy

103. (1) (a) Subject to paragraph (b) and subsections (2) to (5), the court may grant an order pursuant to a section 102 application if it is satisfied that—

(i) subject to section 81(4), the international surrogacy meets all of the requirements specified in section 89(1) and that the undertaking referred to in section 89(1)(d) has been complied with,

(ii) the intending parents (or, in the case of a single intending parent, that intending parent) named in the application consent (or, in the case of a single intending parent, consents) 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 102(1)(b)(i).

(2) (a) The court may waive a requirement that the child (as indicated in paragraph (b) of the definition of “surrogacy jurisdiction”) has been born in the approved surrogacy jurisdiction concerned if it is satisfied that there are exceptional circumstances justifying such waiver.

(b) 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.

(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 102 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 102 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 102 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 102 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 102 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.

104. Effect of parental order - international surrogacy

104. (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 not 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 the AHRRA in order to allow the AHRRA to make an entry in the National Surrogacy Register under section 105(2)(c).

(3) Where the court grants a parental order in respect of a child—

(a) born in the State, and

(b) the subject of a waiver referred to in section 103(2)(a),

it shall, within 14 days immediately following such grant, give, or cause to be given, a copy of the order to an tArd-Chláraitheoir in order to allow 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)(n) of the Act of 2004, in accordance with section 30O(2) (inserted by section 230(d)) of that Act.

(4) 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 make an entry in the National Surrogacy Register in accordance with section 105(2)(c).

105. National Surrogacy Register - children born as result of AHR treatment (SJ)

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

(2) An entry under subsection (1) shall contain the following particulars, where known:

(a) the information in respect of any child born as a result of AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ), the surrogate mother, the intending parents (or, in the case of a single intending parent, that intending parent) and the relevant donor (SJG) (if any), as given to the AHRRA under section 99(4);

(b) whether a section 102 application has been made;

(c) where a section 102 application has been made and determined, whether or not a parental order was granted and the date of the determination.

(3) Where the AHRRA has made an entry under subsection (2)(a) and no entry has been subsequently made under subsection (2)(b), the AHRRA shall, not earlier than six months but not later than one year after first making the entry under subsection (2)(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 102 application has been made.

(4) Where the AHRRA becomes aware of updated information in relation to subsection (2), or of an error in any information entered under that subsection, it shall, without delay—

(a) update or correct the information, as the case may be, and

(b) if the child referred to in that subsection was born in the State, contact an tArd Chláraitheoir, where necessary, to inform him or her of such updating or correction, as the case may be.

106. Interaction of National Surrogacy Register and register of births - international surrogacy

106. (1) This section applies where a child (AHR) was born in the State and 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 the child (AHR) from the court under section 104(2);

(b) the AHRRA is notified under section 104(4) of a refusal of the court to grant a parental order in respect of the child (AHR).

(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 (SJ) provided pursuant to a surrogacy agreement (SJ) 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) 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).

107. Access to certain information from National Surrogacy Register and National Donor Conceived Person Register - international surrogacy

107. (1) An adult (AHR) born as a result of AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ) in which a relevant donation (SJG) was used, or the parent or guardian of a child (AHR) born as a result of AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ) in which a relevant donation (SJG) was used, may make an application (in this section referred to as a “section 107(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 (SJG) 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 (SJG) may make an application (in this section referred to as a “section 107(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 (SJG) in AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ), 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 107(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 (SJ) of a relevant donation (SJG) by the same relevant donor (SJG) 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 112 and 113, the AHRRA shall comply with a section 107(1) application, section 107(2) application or section 107(3) application by giving notice in writing to the applicant setting out the information sought by the applicant.

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

108. (1) An adult (AHR) born as a result of AHR treatment (SJ) provided pursuant to a surrogacy agreement (SJ) may make an application (in this section referred to as a “section 108 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 112 and 113, where the AHRRA receives a section 108 application, it shall give the information sought by the section 108 application to the adult (AHR).

109. Information in respect of relevant donor (SJG) to be provided to adult born as result of AHR treatment (SJ) provided pursuant to surrogacy agreement (SJ) in which embryo transferred was created using relevant donation (SJG)

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

(2) The adult (AHR) may make an application (in this section referred to as a “section 109 application”) to the AHRRA to be given the name, date of birth and contact details of the relevant donor (SJG) as recorded on the National Surrogacy Register.

(3) Subject to sections 112 and 113, where the AHRRA receives a section 109 application, it shall give the information sought by the section 109 application to the adult (AHR).

110. Information in respect of other persons that may be requested from AHRRA - international surrogacy

110. (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 (SJ) provided pursuant to a surrogacy agreement (SJ) in which the embryo transferred was created using a relevant donation (SJG), or

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

and

(b) the relevant donor (SJG) of a relevant donation (SJG) that was used to create the embryo transferred pursuant to a surrogacy agreement (SJ) 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 110(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 112 and 113, the AHRRA shall comply with a section 110(2) application.

(3) (a) The relevant person may make an application (in this section referred to as a “section 110(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 (SJG).

(b) The relevant donor (SJG) may make an application (in this section referred to as a “section 110(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 (SJG) referred to in subsection (1)(b).

(c) Subject to sections 112 and 113, where the AHRRA receives a section 110(3)(a) application or section 110(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 110(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 110(3)(a) application has been made by another relevant person who shares a common relevant donor (SJG) 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 110(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 110(3)(b) application has been made by the relevant donor (SJG) of the relevant donation (SJG) 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 110(3)(a) application or section 110(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 (SJG) includes a reference to a gamete donated under the Act of 2015 and a reference to a relevant donor (SJG) includes, in the case of a gamete donated under the Act of 2015, the donor under the Act of 2015 of that gamete.

111. Provisions supplementary to sections 107 to 110

111. (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 111 application”) to the AHRRA to update the information concerned.

(2) Subject to sections 112 and 113, the AHRRA shall comply with a section 111 application.

112. Applications to AHRRA not correctly completed - international surrogacy

112. (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.

113. Additional information - international surrogacy

113. 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.

114. Provisions supplementary to sections 112 and 113

114. Sections 112 and 113 shall, with all necessary modification, apply to—

(a) a specified form, not being an application made 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 under this Part.

115. Failure to comply with undertakings

115. (1) Where it appears to the AHRRA that a person (however described) has failed to comply with an undertaking given by the person pursuant to a provision of this Part, the AHRRA shall request the person to inform it as to the reasons for the non compliance and the person’s proposals to ensure that the undertaking is complied with.

(2) Where it appears to the AHRRA that the intending parents (or, in the case of a single intending parent, that intending parent) of a child born as a result of a surrogacy agreement (SJ) have (or, in the case of a single intending parent, has) failed without reasonable excuse to comply with the undertakings given by them or him or her, as the case may be, under section 92, the AHRRA, having considered any information or proposals received from them or him or her under subsection (1), and having consulted with such other authorities of the State as it considers appropriate, may apply to the High Court for directions to ensure the welfare of the child concerned.

Chapter 4 Jurisdiction and offences

116. Definition - Chapter 4

116. In this Chapter, “relevant offence” means a contravention of section 89(2) or (3), 90(1), 93(3) or 96(1).

117. Jurisdiction

117. (1) A person may be tried in the State for a relevant offence in relation to an act, to which this subsection applies by virtue of subsection (2), committed, whether in whole or in part—

(a) by the person in the State in relation to a place outside the State,

(b) by the person outside the State in relation to a place in the State, or

(i) that person is a person to whom this subparagraph applies by virtue of subsection (3), and

(ii) the act is an offence under the law of the place where the act was committed.

(2) Subsection (1) applies to an act which, if it had been committed by a person in a place in the State, would constitute a relevant offence.

(3) Subsection (1)(c)(i) applies to each of the following persons:

(a) an Irish citizen;

(b) a person ordinarily resident in the State;

(d) a company formed and registered under the Companies Act 2014;

(e) an existing company within the meaning of the Companies Act 2014.

(4) For the purpose of this section, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the relevant offence concerned.

(5) Proceedings for an offence to which subsection (1)(c) applies may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

118. Evidence in proceedings for offences outside State

118. (1) In any proceedings relating to a relevant offence in circumstances in which section 117 applies—

(a) a certificate that is signed by an officer of the Minister for Foreign Affairs and stating that a passport was issued by the Minister to a person on a specified date, and

(b) a certificate that is signed by an officer of the Minister for Justice and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

shall be evidence that the person was an Irish citizen on the date on which the relevant offence concerned is alleged to have been committed, unless the contrary is shown.

(2) A document purporting to be a certificate under subsection (1)(a) or (b) is deemed, unless the contrary is shown—

(a) to be such a certificate, and

(b) to have been signed by the person purporting to have signed it.

119. Double jeopardy

119. (1) Where a person has been acquitted of an offence in a place outside the State, he or she shall not be proceeded against for a relevant offence consisting of the alleged act or acts constituting the first-mentioned offence.

(2) Where a person has been convicted of an offence in a place outside the State, he or she shall not be proceeded against for a relevant offence consisting of the act or acts constituting the first-mentioned offence.

PART 9 Assisted Human Reproduction Regulatory Authority

Chapter 1 Definitions and establishment day

120. Definitions - Part 9

120. In this Part—

“Board” shall be construed in accordance with section 126(1);

“chairperson” means the chairperson of the Board;

“chief executive officer” shall be construed in accordance with section 137(1);

“Database” means the Database of AHR Treatment Providers and ESC Researchers established under section 163(1).

121. Establishment day

121. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

Chapter 2 Establishment and functions of Assisted Human Reproduction Regulatory Authority, etc.

122. Establishment of Assisted Human Reproduction Regulatory Authority

122. (1) There shall stand established on the establishment day a body which shall be known as An tÚdarás Rialála um Atáirgeadh Daonna Cuidithe or, in the English language, the Assisted Human Reproduction Regulatory Authority (in this Act referred to as the “AHRRA”) to perform the functions assigned to it under this Act or any other enactment.

(2) The AHRRA is a body corporate with perpetual succession and an official seal and may—

(a) sue and be sued in its own name,

(b) with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, acquire, hold and dispose of land or an interest in land, and

(3) The seal of the AHRRA shall be authenticated by—

(a) the signature of the chairperson or another member of the Board authorised by the chairperson to do so, and

(b) the signature of the chief executive officer or another officer of the AHRRA authorised in writing by the chairperson to do so.

(4) Judicial notice shall be taken of the seal of the AHRRA and every document purporting to be an instrument made by the AHRRA and sealed with the seal of the AHRRA authenticated in accordance with subsection (3) shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof.

123. Functions of AHRRA

123. (1) The principal function of the AHRRA is to protect, promote and, in so for as is practicable, ensure the health and wellbeing of—

(a) children born, or to be born, as a result of AHR treatment,

(b) persons undergoing, or about to undergo, AHR treatment, and

(2) Without prejudice to the generality of subsection (1), the AHRRA may, and where required by this Act, shall, in accordance with this Act (or, where paragraph (h) or (o) is applicable, the other enactment concerned)—

(a) issue licences,

(b) amend, revoke or suspend licences,

(d) establish and maintain the Database,

(e) collect and publish, on its website and in such other media (if any) as it thinks fit, statistical information on AHR, including—

(i) the number of relevant donations (G) or relevant donations (E), or both, made in the State,

(ii) the types of relevant activities provided or undertaken by the holders of licences, and

(iii) the number of AHR treatments, broken down by types of AHR, provided by AHR treatment providers and their outcomes,

(f) prepare or approve of, and publish, codes of practice for the guidance of holders of licences, including different codes in respect of different types of licence,

(g) without prejudice to the generality of Chapter 3 of Part 11, specify in a code of practice (within the meaning of section 170) standards, including appropriate ethical standards, to be observed with the provision or undertaking of relevant activities,

(h) perform functions, pursuant to a delegation under section 41A of the Act of 2015, imposed on the Minister under Part 2 or 3 of that Act,

(i) approve surrogacy agreements in accordance with section 53 or 90,

(j) establish and maintain the National Surrogacy Register,

(k) consider and determine applications for the extension of the relevant storage period (G), relevant storage period (E) or relevant storage period (T) in accordance with section 40, 41 or 42, as appropriate,

(l) consider and determine applications for HLA matching (within the meaning of section 44),

(m) establish and maintain the Register of Genetic Diseases for the purposes of PGT and sex selection (within the meaning of section 44),

(n) provide information or advice to the Minister, or make proposals to the Minister, on matters relating to the functions of the AHRRA, and

(o) perform such other functions as are imposed on it by this Act or any other enactment.

(3) The AHRRA may, of its own volition or upon being requested to do so, provide to any person or group of persons such assistance and information as it thinks fit on any matter relating directly or indirectly to AHR.

(4) Subject to this Act, the AHRRA shall be independent in the performance of its functions.

(5) The AHRRA shall perform its functions through or by—

(a) the Board, or

(b) the chief executive officer or any other member of staff of the AHRRA duly authorised in that behalf by the AHRRA.

(6) The AHRRA shall have all such powers as are necessary or expedient for the performance of its functions.

124. Voluntary Register of Relevant Donors and Donor-Conceived Persons

124. (1) The Minister shall, as soon as is practicable after the commencement of this section, by regulations require the AHRRA to establish and maintain a register of relevant donors and donor-conceived persons to be known as the Voluntary Register of Relevant Donors and Donor-Conceived Persons or, alternatively, the Voluntary Register.

(2) Regulations made under subsection (1) shall specify the following:

(a) subject to subsection (6), the particulars of—

(i) relevant donors, or a class of relevant donors, and

(ii) donor-conceived persons, or a class of donor-conceived persons,

that shall be entered in the Voluntary Register;

(b) the persons, or a class of persons, who are entitled to obtain from the Voluntary Register information, or a class of information, recorded on the Voluntary Register;

(c) the information, or class of information, recorded on the Voluntary Register that may be obtained by the persons, or a class of persons, referred to in paragraph (b);

(d) the procedures to be adopted for matching between persons, or a class of persons, who fall within paragraph (a)(i) or (ii) and persons, or a class of persons, who fall within paragraph (b);

(e) the procedures to be adopted for releasing information, or a class of information, recorded on the Voluntary Register to the persons or a class of persons, referred to in paragraph (b).

(3) The AHRRA shall not enter any particulars of a relevant donor or donor-conceived person in the Voluntary Register unless it is satisfied that the particulars—

(a) are in the specified form, and

(b) were given to the AHRRA—

(i) voluntarily, and

(ii) when the donor or person, as the case may be, had the capacity to do so.

(4) Where the AHRRA receives a request in the specified form from a relevant donor or donor-conceived person to delete his or her particulars from the Voluntary Register, or to update, or correct an error in, any such particulars, the AHRRA shall, without delay, comply with that request.

(5) Where the AHRRA becomes aware of updated information in relation to any particulars entered in the Voluntary Register, or of an error in any such particulars, it shall, without delay, update or correct the particulars, as the case may be.

(6) Without prejudice to the generality of paragraph (a) of subsection (2), a class of relevant donors or donor-conceived persons referred to in that paragraph may be identified by reference to whether or not the class consists of Irish citizens or persons born in the State.

(7) On and after the establishment day, the Minister shall not make regulations under subsection (1) except after consultation with the AHRRA.

(8) In this section—

“donor-conceived person” means a child born as the result of a DAHR procedure or AHR treatment involving the use of gametes or embryos from a relevant donor;

“relevant donor” means—

(a) a person whose gametes or embryos were donated for use in, and were used in—

(i) the provision of a DAHR procedure before the commencement of section 20 of the Act of 2015, or

(ii) the provision of AHR treatment before the commencement of section 53 or 90, as appropriate,

and

(b) such other classes of donor relevant to DAHR procedures or AHR treatment as may be specified in regulations made under subsection (1).

125. Agreements between AHRRA and public bodies relating to performance by public bodies of functions of AHRRA

125. (1) If any function of the AHRRA should, in its opinion, be performed (whether generally or in a particular case) by a public body and that body is able and willing to perform the function, the public body and the AHRRA may enter into an agreement for the public body to perform the function on the AHRRA’s behalf.

(2) If an agreement is entered into for a public body to perform a function of the AHRRA, the public body may—

(a) perform the function on the AHRRA’s behalf in accordance with the agreement, and

(b) do any act or thing relating to the performance of that function that the AHRRA would be authorised by law to do if it performed the function.

(3) An agreement under this section may contain terms and conditions relating to—

(a) the extent to which the period for which the public body is authorised to perform the function of the AHRRA,

(b) the making of payments or the transfer of financial responsibility, and

(4) An agreement under this section may provide for charges payable by the AHRRA to the public body.

Chapter 3 Board of AHRRA

126. Establishment and membership of Board of AHRRA

126. (1) The AHRRA shall have a board (in this Act referred to as the “Board”) consisting of the following members:

(a) a chairperson;

(b) 10 ordinary members.

(2) The Minister shall appoint to be members of the Board persons who, in the opinion of the Minister, have sufficient expertise and experience relating to—

(a) matters connected with the functions of the AHRRA, or

(b) corporate governance and management generally,

to enable them to make a substantial contribution to the effective and efficient performance of those functions.

(3) The chairperson shall hold office for such period, not exceeding 4 years, from the date of appointment to the office as the Minister shall determine.

(4) Subject to subsection (5), each ordinary member shall hold office for such period, not exceeding 4 years, from the date of appointment to the office as the Minister shall determine.

(5) Of the ordinary members of the Board first constituted under this section—

(a) 5 members shall hold office for a period of 3 years from the date of appointment to the office, and

(b) 5 members shall hold office for a period of 4 years from the date of appointment to the office.

(6) Subject to subsection (7), a member of the Board whose term of office expires by the effluxion of time shall be eligible for reappointment to the Board.

(7) A person who is reappointed to the Board in accordance with subsection (6) shall not hold office for more than 2 consecutive terms and in any event may not serve for a period of more than 8 years.

(8) A member may resign from office by letter sent to the Minister and the resignation shall take effect on the later of—

(a) the date specified in the letter, or

(b) the date of receipt of the letter by the Minister.

(9) The Minister shall, as soon as is practicable after a person is appointed to be a member of the Board, publish on a website, maintained by the Minister or the Government, notice of the name of the person so appointed.

(10) The Minister may, by notice in writing, nominate an ordinary member of the Board to be the deputy chairperson of the Board to act as the chairperson if, for whatever reason, the chairperson is unable to perform his or her functions.

127. Casual vacancies

127. (1) If a member resigns, dies, ceases to hold office (otherwise than by effluxion of time), ceases to be qualified to hold office or is removed from office, the Minister shall, as soon as is practicable, appoint a person to fill the casual vacancy so arising.

(2) A person appointed under subsection (1) shall hold office for the unexpired period of his or her predecessor’s term of office or such other period as the Minister may determine not exceeding 4 years (including such unexpired period).

(3) A member appointed under subsection (1) is eligible for reappointment to the Board, on the expiry of the unexpired period or other period, as appropriate, referred to in subsection (2), but may not serve for more than 2 further consecutive terms and in any event may not serve for a period of more than 8 years.

128. Functions of Board

128. (1) The Board is the governing body of the AHRRA with authority, in the name of the AHRRA, to perform the functions of the AHRRA.

(2) The Board shall—

(a) ensure that the functions of the AHRRA (in particular, the principal function) are performed efficiently, effectively and to the highest standards,

(b) set the strategic objectives of the AHRRA consistent with those functions, and

(3) In performing its functions, the Board shall act in good faith with care, skill and diligence.

(4) The Board may delegate to the chief executive officer the day-to-day running of the AHRRA and any of its functions which it considers should be carried out by the chief executive officer and the Board shall be responsible for monitoring, approving or reviewing the performance of such functions by the chief executive officer.

(5) Where a function of the Board is delegated to the chief executive officer, the delegation shall remain in force until the Board revokes it.

(6) The Board shall submit such information regarding the performance of its functions as may be requested in writing by the Minister.

(7) Subject to this Part, the Board may regulate its own procedures.

129. Membership of either House of Oireachtas or European Parliament, etc.

129. (1) A person is not eligible for appointment as a member of the Board or a committee of the Board if the person is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or local authority shall, while he or she is so entitled or such a member, be disqualified from membership of the Board or a committee of the Board.

130. Removal of member of Board

130. (1) The Minister may at any time remove from office a member of the Board if, in the Minister’s opinion—

(a) the member has become incapable through ill-health of performing his or her functions,

(b) the member has committed stated misbehaviour,

(d) the member has contravened an applicable provision of the Ethics in Public Office Act 1995, or

(e) in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10(3) of the Standards in Public Office Act 2001 and that relates to the member.

(2) If a member of the Board is removed from office in accordance with subsection (1), the Minister shall give the member a statement in writing of the reasons for the removal.

(3) A member of the Board shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(d) is convicted of any indictable offence,

(e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(f) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014, or

(g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or any other jurisdiction.

(4) A member who does not, for a consecutive period of 6 months, attend a meeting of the Board ceases at the end of that period to hold office unless the member demonstrates to the Minister’s satisfaction that the failure was due to ill-health.

(5) In this section, “applicable provision of the Ethics in Public Office Act 1995”, in relation to a member, means a provision of that Act that, by virtue of a regulation under section 3 of that Act, applies to that member.

131. Potential conflicts of interest

131. (1) Where a matter is to be decided by the Board at a meeting, any member of the Board present at the meeting who has an interest in the matter, otherwise than as such a member, shall—

(a) at the meeting, in advance of any consideration of the matter, disclose to the Board the fact of the interest and the nature of the interest,

(b) neither influence nor seek to influence a decision relating to the matter,

(d) take no part in any deliberation of the Board or committee of the Board relating to the matter, and

(e) not vote on a decision relating to the matter.

(2) Where a member discloses an interest in a matter under subsection (1)—

(a) the disclosure shall be recorded in the minutes of the meeting, and

(b) for so long as the matter is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting unless the Board or committee otherwise determines.

(3) Where, at a meeting of the Board or a committee of the Board, a question arises as to whether or not a course of conduct, if pursued by a member of the Board or committee of the Board, as the case may be, would be a failure by the member to comply with the requirements of subsection (1)—

(a) the question may be determined by the chairperson of the Board or of the committee of the Board, as the case may be, whose decision shall be final, and

(b) if the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting concerned.

(4) Where satisfied that a member of the Board or a committee of the Board has contravened subsection (1), the Minister may, if he or she thinks fit to do so, remove that member from office or take any other action that the Minister considers appropriate.

(5) A person who is removed from office under subsection (4) is disqualified from membership of the Board or of a committee of the Board.

132. Removal of all members of Board

132. (1) The Minister may remove all the members of the Board from office if—

(a) the Board fails to achieve a quorum for 3 consecutive meetings,

(b) the Board does not comply with a judgement, order or decree of any court,

(c) the Board does not comply with a direction of the Minister or any other requirement imposed on it by or under any enactment (including this Act), or

(d) the Minister is of the opinion that the Board’s functions are not being performed in an effective and efficient manner.

(2) The Minister may, if he or she is of the opinion that the Board’s functions are not being performed in an effective and efficient manner, appoint a person to—

(a) conduct an independent review of any matter giving rise to that opinion, and

(b) submit a report to the Minister on the results of the review.

(3) The Board shall co-operate with a review under subsection (2) and give the person conducting it all reasonable assistance, including access to such premises, equipment and books, records or other documents as the person may require for the purposes of the review.

(4) The removal of the members of the Board from office does not revoke or otherwise affect any delegation of the AHRRA’s functions to the chief executive officer under section 128(4).

133. Meetings of Board

133. (1) The Board shall hold as many meetings as are necessary for the performance of its functions, but in each year shall hold at least 4 meetings.

(2) The chairperson may at any reasonable time call a meeting of the Board.

(3) Any 5 members of the Board may call a meeting of the Board if the chairperson—

(a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 5 members, or

(b) without refusing to call a meeting, does not call one within 7 days of being presented with such a requisition.

(4) Subject to section 126(10), at a meeting called under subsection (3), or where the chairperson has called a meeting or cannot attend, or where the office of the chairperson is vacant, the members present shall choose one of those present to chair the meeting.

(5) The quorum for a meeting of the Board shall be 6 members.

(6) A meeting held while there is a vacancy on the Board will be valid irrespective of the vacancy, as long as there is a quorum.

(7) With the exception of a meeting called in accordance with subsection (3), the chairperson shall, if present, preside at all meetings of the Board.

(8) Any question at a meeting shall be determined by a majority of the votes of the members present and voting on the question.

(9) Where there is an equal division of votes, the chairperson has a second and casting vote at all meetings at which he or she is present except where a meeting has been called in accordance with subsection (3), in which case the chairperson or, subject to section 126(10), the person chosen in accordance with subsection (4), as appropriate, has a second or casting vote.

134. Committees of Board

134. (1) The Board may establish committees to assist and advise it on matters relating to its functions and may determine the membership and terms of reference of each committee.

(2) The Board may appoint to a committee of the Board persons who are not members of the Board but have special knowledge and experience related to the purposes of the committee.

(3) The appointment of a person to a committee of the Board is subject to such terms and conditions as may be determined—

(a) under section 136(1) to the extent that they relate to remuneration and allowances for expenses, and

(b) by the Board, in any other case.

(4) The Board shall specify in writing the purposes and terms of reference of each committee of the Board.

(5) The acts of a committee of the Board are subject to confirmation by the Board unless the Board dispenses with the necessity for confirmation.

(6) The Board may regulate the procedure of a committee of the Board but, subject to any such regulation, a committee may regulate its own procedure.

(7) The Board may at any time dissolve a committee of the Board established under this section.

135. Ineligibility of holders, etc., for appointment as member of Board

135. (1) A person shall not be eligible for appointment as a member of the Board or of a committee of the Board if the person is—

(a) the holder of a licence, or

(b) the chief executive officer.

(2) A person shall not be eligible for appointment as a member of the Board if the person is a member of staff of the AHRRA.

136. Remuneration and expenses of members of Board and committees

136. (1) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine the remuneration and allowances for expenses payable under this section.

(2) The remuneration and allowances for expenses (if any) determined in accordance with subsection (1) are payable by the AHRRA out of funds at its disposal to—

(a) the members of the Board, and

(b) the members of a committee of the Board.

(3) The remuneration and allowances for expenses (if any) determined in accordance with subsection (1) are payable by the Minister out of money provided by the Oireachtas to a person appointed under section 132(2) to conduct an independent review.

Chapter 4 Chief executive officer of AHRRA

137. Appointment of chief executive officer

137. (1) The Board shall, as soon as is practicable after the establishment day, and thereafter as required, appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the AHRRA (in this Act referred to as the “chief executive officer”).

(2) The chief executive officer shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as may be determined by the Board with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(3) The remuneration and allowances for expenses determined under subsection (2) shall be paid out of funds at the disposal of the AHRRA.

(4) The chief executive officer shall not hold any other office or employment or carry on any business.

(5) The chief executive officer, although not eligible, by virtue of section 135(1), to be a member of the Board or a committee of the Board, may, in accordance with procedures established by the Board or a committee of the Board, as the case may be, attend meetings of the Board or a committee and shall be entitled to speak at and advise such meetings.

138. Resignation, removal or disqualification of chief executive officer

138. (1) The chief executive officer may resign from office by giving notice in writing to the Board of his or her resignation.

(2) The Board may, at any time, remove the chief executive officer from office if, in its opinion—

(a) the chief executive officer has become incapable through ill-health of performing his or her functions,

(b) the chief executive officer has committed stated misbehaviour, or

(c) the removal of the chief executive officer is necessary for the effective and efficient performance by the AHRRA of its functions.

(3) If the chief executive officer is removed from office in accordance with subsection (2), the Board shall provide the chief executive officer with a statement in writing of the reasons for the removal.

(4) The chief executive officer shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(d) is convicted of any indictable offence,

(e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(f) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014, or

(g) is removed by a competent authority for any reason (other than a failure to pay a fee) from any register established for the purposes of registering members of a profession in the State or any other jurisdiction.

139. Functions of chief executive officer

139. The chief executive officer shall—

(a) carry on and manage, and control generally, the administration and business of the AHRRA in accordance with the strategic objectives set out by the Board,

(b) perform such other functions as may be assigned to him or her under this Act or any other enactment or as may be delegated to him or her by the Board, and

(c) provide the Board with such information relating to the performance of his or her functions and the implementation of the strategic objectives of the AHRRA as the Board may require.

140. Delegation of functions

140. (1) (a) Subject to paragraph (c), the chief executive officer may delegate any of his or her functions under section 139 in writing to a member of staff of the AHRRA which member shall be specified by name, grade, position or otherwise.

(b) Without prejudice to the generality of paragraph (a), the chief executive officer may exercise his or her power under that paragraph by delegating all of his or her functions under section 139 to a single member of staff of the AHRRA to be performed by that member of staff during any period when the chief executive officer is absent from duty or from the State or is, for any other reason, unable to perform such functions.

(c) The Board may issue directions in writing to the chief executive officer in respect of the exercise of his or her power under paragraph (a) and the chief executive officer shall comply with such directions.

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Health (Assisted Human Reproduction) Act 2024

88. Provisions supplementary to section 87

Chapter 3 Permitted international surrogacy

89. Permitted international surrogacy

90. Approval of surrogacy agreements (SJ)

91. Surrogate mothers - international surrogacy

92. Intending parents - international surrogacy

93. Prohibition of commercial surrogacy - international surrogacy

94. Surrogacy agreements (SJ) and reasonable expenses

95. Non-enforceability of surrogacy agreements (SJ)

96. Advertisements for surrogacy - international surrogacy

97. Role of intermediaries

98. Requirement for independent legal advice - international surrogacy

99. Information to be provided to and recorded by AHRRA in relation to surrogacy agreements (SJ)

100. Provisions applicable in case of relevant donation (SJG)

101. Consent to child born as result of AHR treatment (SJ) provided pursuant to surrogacy agreement (SJ) to live with intending parents

102. Application for parental order - international surrogacy

103. Grant of parental order - international surrogacy

104. Effect of parental order - international surrogacy

105. National Surrogacy Register - children born as result of AHR treatment (SJ)

106. Interaction of National Surrogacy Register and register of births - international surrogacy

107. Access to certain information from National Surrogacy Register and National Donor Conceived Person Register - international surrogacy

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

109. Information in respect of relevant donor (SJG) to be provided to adult born as result of AHR treatment (SJ) provided pursuant to surrogacy agreement (SJ) in which embryo transferred was created using relevant donation (SJG)

110. Information in respect of other persons that may be requested from AHRRA - international surrogacy

111. Provisions supplementary to sections 107 to 110

112. Applications to AHRRA not correctly completed - international surrogacy

113. Additional information - international surrogacy

114. Provisions supplementary to sections 112 and 113

115. Failure to comply with undertakings

Chapter 4 Jurisdiction and offences

116. Definition - Chapter 4

117. Jurisdiction

118. Evidence in proceedings for offences outside State

119. Double jeopardy

PART 9 Assisted Human Reproduction Regulatory Authority

Chapter 1 Definitions and establishment day

120. Definitions - Part 9

121. Establishment day

Chapter 2 Establishment and functions of Assisted Human Reproduction Regulatory Authority, etc.

122. Establishment of Assisted Human Reproduction Regulatory Authority

123. Functions of AHRRA

124. Voluntary Register of Relevant Donors and Donor-Conceived Persons

125. Agreements between AHRRA and public bodies relating to performance by public bodies of functions of AHRRA

Chapter 3 Board of AHRRA

126. Establishment and membership of Board of AHRRA

127. Casual vacancies

128. Functions of Board

129. Membership of either House of Oireachtas or European Parliament, etc.

130. Removal of member of Board

131. Potential conflicts of interest

132. Removal of all members of Board

133. Meetings of Board

134. Committees of Board

135. Ineligibility of holders, etc., for appointment as member of Board

136. Remuneration and expenses of members of Board and committees

Chapter 4 Chief executive officer of AHRRA

137. Appointment of chief executive officer

138. Resignation, removal or disqualification of chief executive officer

139. Functions of chief executive officer

140. Delegation of functions