Health (Assisted Human Reproduction) Act 2024
Chapter 2 Past international surrogacy | ||
Definitions – Chapter 2 | ||
214. In this Chapter— | ||
“Court” means the High Court; | ||
“parental order” means an order granted by the Court under section 217 for the transfer of the parentage of a child; | ||
“past international surrogacy”, in relation to a surrogacy jurisdiction, means a surrogacy agreement— | ||
(a) entered into before the commencement of section 216 by— | ||
(i) a surrogate mother who has been habitually and lawfully resident in that jurisdiction, immediately before so entering into the agreement— | ||
(I) for such period longer than one year as may be prescribed, or | ||
(II) if no such period stands prescribed, for not less than one year, | ||
and | ||
(ii) either— | ||
(I) both intending parents, not less than one of whom has been habitually and lawfully resident in the State, immediately before so entering into the agreement— | ||
(A) for such period longer than one year as may be prescribed, or | ||
(B) if no such period stands prescribed, for not less than one year, | ||
or | ||
(II) in the case of a single intending parent, that intending parent where he or she has been habitually and lawfully resident in the State, immediately before so entering into the agreement— | ||
(A) for such period longer than one year as may be prescribed, or | ||
(B) if no such period stands prescribed, for not less than one year, | ||
and | ||
(b) under which the embryo transfer was undertaken— | ||
(i) before the commencement of section 216 , and | ||
(ii) in that jurisdiction; | ||
“relevant child” shall be construed in accordance with section 216 (1); | ||
“ section 216 application” shall be construed in accordance with section 216 (1); | ||
“surrogacy agreement (P)” means a surrogacy agreement referred to in the definition of “past international surrogacy”; | ||
“surrogacy jurisdiction” means a jurisdiction outside the State where— | ||
(a) the surrogacy the subject of a past international surrogacy has been lawfully undertaken, and | ||
(b) the embryo transfer concerned has been undertaken and, subject to section 217 (2)(a), the child (if any) resulting from that transfer has been born. |