Legalize / Ireland / Act

Health (Assisted Human Reproduction) Act 2024

Type Act

Publication 2024-07-02

State In force

Source Irish Statute Book

articles 234

Reform history JSON API

(d) a member of staff of a public body referred to in paragraph (c),

in the performance of their respective functions under this Act.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 3 years, or both.

196. Evidentiary presumptions

196. (1) The AHRRA may, by notice in writing, authorise the chief executive officer or another officer of the AHRRA to give, on the AHRRA’s behalf, a certificate under this section.

(2) In proceedings, a certificate signed by an authorised person containing a relevant statement shall, without further proof of the signature of the person purporting to sign the certificate or that the person was an authorised person, be evidence, unless the contrary is shown, of the matters the subject of the relevant statement.

(3) A certificate under this section may contain two or more relevant statements.

(4) In this section—

“authorised person” means the chief executive officer or another officer of the AHRRA authorised under subsection (1) by the AHRRA to give, on the AHRRA’s behalf, a certificate under this section;

“relevant statement” means either or both of the following statements:

(a) a statement to the effect that the person specified in the statement was or was not the holder of a licence on the date or dates specified in the licence;

(b) a statement to the effect that the particulars (including the particulars relating to conditions referred to in section 156) specified in the statement were the particulars of a licence specified in the statement on the date or dates specified in the licence.

197. Offences by bodies corporate

197. (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

198. Vicarious liability

198. (1) Anything done by a person in the course of his or her employment shall, in any proceedings brought under this Act, be treated, for the purposes of this Act, as done also by that person’s employer, whether or not it was done with the employer’s knowledge or approval.

(2) Anything done by a person as agent for another person, with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under this Act, be treated as done also by that other person.

(3) Subject to subsection (4), in proceedings brought under this Act against an employer in respect of an act alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were practicable to prevent the employee—

(a) from doing that act, or

(b) from doing in the course of his or her employment acts of that description.

(4) Subsection (3) shall not apply to any civil proceedings, whether under this Act or otherwise.

(5) In this section—

“contract of employment” means a contract of employment or of service or of apprenticeship, whether the contract is express or implied and, if express, whether it is oral or in writing;

“employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;

“employer”, in relation to an employee, means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, and includes—

(a) a person (other than an employee of that person) under whose control and direction an employee works, and

(b) where appropriate, the successor of the employer or an associated employer of the employer.

199. Summary proceedings

199. An offence under this Act may be prosecuted summarily by the AHRRA.

200. Time limit for offences that may only be brought by summary proceedings

200. (1) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act to which that provision applies may be instituted—

(a) within 12 months after the date on which the offence was committed,

(b) within 6 months after the date on which evidence sufficient, in the opinion of the person instituting the proceedings, to justify proceedings comes to that person’s knowledge,

whichever is the later, provided that no such proceedings shall be commenced later than 2 years after the date on which the offence concerned was committed.

(2) For the purposes of subsection (1)(b), a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence referred to in that subsection came to his or her knowledge shall be evidence of that date and, in any legal proceedings, a document purporting to be a certificate under this subsection and to be so signed shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

(3) Subsections (1) and (2) shall not be construed to prejudice the generality of section 7 of the Criminal Justice Act 1951.

201. Costs of prosecutions

201. (1) The court shall, unless it is satisfied that there are special and substantial reasons for not so doing, where a person is convicted of an offence under this Act, order the person to pay the Minister or the AHRRA, as appropriate, the costs and expenses of the action, measured by the court.

(2) Where costs or expenses are to be paid to the Minister or the AHRRA, they shall include any such costs or expenses reasonably incurred by either of them in relation to the investigation, detection and prosecution of the offence, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.

PART 12 Past Domestic and International Surrogacy

Chapter 1 Past domestic surrogacy

202. Definitions Chapter 1

202. In this Chapter—

“Court” means the High Court;

“parental order” means an order granted by the Court under section 205 for the transfer of the parentage of a child;

“past domestic surrogacy” means a surrogacy agreement—

(a) entered into before the commencement of section 204 by—

(i) a surrogate mother who has been habitually and lawfully resident in the State, 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,

(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 204, and

(ii) either—

(I) in the State, or

(II) in a place outside the State where the person who undertook such transfer was authorised to do so under the law of that place;

“relevant child” shall be construed in accordance with section 204(1);

“section 204 application” shall be construed in accordance with section 204(1);

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

203. **Operation of Chapter and section 151 before establishment day, etc.**

203. (1) A reference in this Chapter (other than in subsection (3)) to the AHRRA shall, before the establishment day, be construed as a reference to the Minister.

(2) The Minister may, before the establishment day and for the purposes of specifying the form of documents required for the purposes of this Chapter, exercise the AHRRA’s power under section 151 as if a reference in that section to the AHRRA were a reference to the Minister.

(3) (a) A reference in this Chapter to the National Surrogacy Register shall, before the establishment day, be construed as a reference to a register (in this subsection referred to as the “interim register”) established and maintained by the Minister for the purposes of making entries in the interim register, before the establishment day, required by the provisions of this Chapter that would, if this section had commenced on the establishment day, be required to be made in the National Surrogacy Register.

(b) The Minister shall, as soon as is practicable on or after the establishment day, give the interim register to the AHRRA.

(c) The AHRRA shall, as soon as is practicable after it is given the interim register, transpose the entries in the interim register from that register to the National Surrogacy Register in such manner as the AHRRA thinks fit.

204. Application for parental order - past domestic surrogacy

204. (1) (a) Subject to subsections (2) to (8), an application (in this Chapter referred to as a “section 204 application”) may be made to the Court for a parental order in respect of a child (in this Chapter referred to as the “relevant child”) who was born in the State as a result of AHR treatment provided pursuant to a surrogacy agreement (P).

(b) A section 204 application shall be accompanied by the required particulars specified in Part 2C of the First Schedule to the Act of 2004.

(i) in the case of the surrogate mother, to the extent known—

(I) her name,

(II) her date and place of birth,

(III) her nationality, and

(IV) her address and contact details;

(ii) 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 in the agreement, and

(IV) his or her address and contact details.

(2) A section 204 application may be made by—

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

(b) the relevant child.

(3) The following shall be parties to a section 204 application:

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

(b) the surrogate mother;

(4) A section 204 application shall be accompanied by evidence that—

(a) the surrogacy agreement to which the application relates is a surrogacy agreement (P),

(b) the embryo from which the relevant child 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),

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

(iii) where the surrogate mother was party to a subsisting marriage at the time the embryo transfer was undertaken, was not created using the sperm of the husband of the marriage,

and

(c) subject to subsection (9), the relevant 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 204 application shall be made not later than—

(a) the 3rd anniversary of the commencement of this section, or

(b) 6 months after the birth of the relevant child,

whichever is the later.

(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 relevant child to do so.

(7) Subject to subsection (9), a section 204 application in respect of the relevant child shall only be made if any living sibling or half-sibling who was born as a result of the same pregnancy the subject of the surrogacy agreement (P) concerned is also the subject of the application.

(8) Without prejudice to the generality of section 205(6) and (7), the AHRRA and the Attorney General shall be served with a copy of a section 204 application.

(9) Subsections (4)(c) and (7) shall not apply where the relevant child has attained the age of 18 years.

205. **Grant of parental order and relevant child (Chapter 1)**

205. (1) Subject to subsections (2) to (4), the Court may grant an order pursuant to a section 204 application if it is satisfied that—

(a) subject to section 204(9), the evidence referred to in subsection (4) of section 204 proves the matters referred to in paragraphs (a), (b) and (c) of that subsection,

(b) 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,

(c) subject to paragraph (g), the surrogate mother consents to the granting of the order and the recording of information required under section 207, including confirmation that she understands that the relevant child may, in accordance with the provisions of this Chapter—

(i) access the information specified in section 207(2), and

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

(d) at the time of the hearing of the application, where the relevant child has not attained the age of 18 years, 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,

(e) subject to paragraph (g), where the relevant child has attained the age of 18 years, he or she consents to the granting of the order,

(f) where the relevant child has not attained the age of 18 years, the granting of the order is in the best interests of the child, and

(g) a consent referred to in paragraph (c) or (e) was given by a person—

(i) voluntarily,

(ii) when he or she had the capacity to do so, and

(iii) only after he or she had received independent legal advice from a legal practitioner about the legal implications of giving such consent.

(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.

(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.

(3) In determining, under subsection (1)(f), what is in the best interests of the relevant child, the Court shall have regard to all the circumstances that it considers relevant to the child, 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 204 application and in so far as is practicable, in respect of any relevant 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 204 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 204 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 204 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.

206. Effect of parental order - past domestic surrogacy

206. (1) Where the Court grants a parental order in respect of the relevant 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 the relevant 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)(n) of the Act of 2004, in accordance with section 30O(2) (inserted by section 230(d)) of that Act, and

(b) the AHRRA to make an entry in the National Surrogacy Register under section 207(2)(b).

(3) Where the Court refuses to grant a parental order in respect of the relevant 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 under section 207(2)(b).

207. **National Surrogacy Register and relevant child (Chapter 1)**

207. (1) Subject to subsection (2), the AHRRA shall make an entry in the National Surrogacy Register, in respect of the relevant child, as soon as is practicable after the AHRRA receives the section 204 application concerned.

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

(a) the information in respect of the relevant child, the surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent) as given to the Court as part of the section 204 application;

(b) where the section 204 application has been determined, whether or not a parental order was granted and the date of the determination.

(3) 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, 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.

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

208. (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 the relevant child from the Court under section 206(2);

(b) the AHRRA is notified under section 206(3) of a refusal of the Court to grant a parental order in respect of the relevant child.

(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 relevant child that the child was born as a result of AHR treatment provided pursuant to a surrogacy agreement (P) and that additional information is available from the National Surrogacy Register in respect of the child.

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

(4) Where the relevant child, 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).

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

209. (1) An adult (AHR) born as a result of AHR treatment provided pursuant to a surrogacy agreement (P) may make an application (in this section referred to as a “section 209 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 211 and 212, where the AHRRA receives a section 209 application, it shall give the information sought by the section 209 application to the adult (AHR).

210. Provisions supplementary to section 209

210. (1) Where information relating to a person is, in accordance with this Chapter, 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 210 application”) to the AHRRA to update the information concerned.

(2) Subject to sections 211 and 212, the AHRRA shall comply with a section 210 application.

211. Applications to AHRRA not correctly completed - past domestic surrogacy

211. (1) Where the AHRRA is not satisfied that an application made to it under this Chapter 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 Chapter 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 Chapter 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.

212. Additional information - past domestic surrogacy

212. Where an application is made under this Chapter 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 Chapter on foot of the application.

213. Provisions supplementary to sections 211 and 212

213. Sections 211 and 212 shall, with all necessary modifications, apply to—

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

Chapter 2 Past international surrogacy

214. 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,

(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.

215. **Operation of Chapter and section 151 before establishment day, etc.**

215. (1) A reference in this Chapter (other than in subsection (3)) to the AHRRA shall, before the establishment day, be construed as a reference to the Minister.

(b) The Minister shall, as soon as is practicable on or after the establishment day, give the interim register to the AHRRA.

216. Application for parental order - past international surrogacy

216. (1) (a) Subject to subsections (2) to (8), an application (in this Chapter referred to as a “section 216 application”) may be made to the Court for a parental order in respect of a child (in this Chapter referred to as the “relevant child”) who was born as a result of AHR treatment provided pursuant to a surrogacy agreement (P).

(b) A section 216 application shall be accompanied by the required particulars specified in Part 2C of the First Schedule to the Act of 2004.

(i) in the case of the surrogate mother, to the extent known—

(I) her name,

(II) her date and place of birth,

(III) her nationality, and

(IV) her address and contact details;

(ii) 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 in the surrogacy agreement (P), and

(IV) his or her address and contact details.

(2) A section 216 application may be made by—

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

(b) the relevant child.

(3) The following shall be parties to a section 216 application:

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

(b) the surrogate mother;

(4) A section 216 application shall be accompanied by evidence that—

(a) the surrogacy agreement to which the application relates is a surrogacy agreement (P),

(b) the embryo from which the relevant child was born—

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

(iii) where the surrogate mother was party to a subsisting marriage at the time the embryo transfer was undertaken, was not created using the sperm of the husband of the marriage,

and

(c) subject to subsection (9), the relevant 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 216 application shall be made not later than—

(a) the 3rd anniversary of the commencement of this section, or

(b) 6 months after the birth of the relevant child,

whichever is the later.

(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 relevant child to do so.

(7) Subject to subsection (9), a section 216 application in respect of the relevant child shall only be made if any living sibling or half-sibling who was born as a result of the same pregnancy the subject of the surrogacy agreement (P) concerned is also the subject of the application.

(8) Without prejudice to the generality of section 217(6) and (7), the AHRRA and the Attorney General shall be served with a copy of a section 216 application.

(9) Subsections (4)(c) and (7) shall not apply where the relevant child has attained the age of 18 years.

217. **Grant of parental order and relevant child (Chapter 2)**

217. (1) Subject to subsections (2) to (4), the Court may grant an order pursuant to a section 216 application if it is satisfied that—

(a) subject to section 216(9), the evidence referred to in subsection (4) of section 216 proves the matters referred to in paragraphs (a), (b) and (c) of that subsection,

(b) 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,

(c) subject to paragraph (g), the surrogate mother consents to the granting of the order and the recording of information required under section 219, including confirmation that she understands that the relevant child may, in accordance with the provisions of this Chapter—

(i) access the information specified in section 219(2), and

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

(e) subject to paragraph (g), where the relevant child has attained the age of 18 years, he or she consents to the granting of the order,

(f) where the relevant child has not attained the age of 18 years, the granting of the order is in the best interests of the child, and

(g) a consent referred to in paragraph (c) or (e) was given by a person—

(i) voluntarily,

(ii) when he or she had the capacity to do so, and

(iii) only after he or she had received independent legal advice from a legal practitioner about the legal implications of giving such consent.

(2) (a) The Court may waive a requirement under subsection (1)(a) that the relevant child (as indicated in paragraph (b) of the definition of “surrogacy jurisdiction”) has been born in the 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.

(d) The Court may waive a requirement under subsection (1) for consent from the relevant child 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.

(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 216 application and in so far as is practicable, in respect of any relevant 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 216 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 216 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 216 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.

218. Effect of parental order - past international surrogacy

218. (1) Where the Court grants a parental order in respect of the relevant 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,

(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 the relevant 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 219(2)(b).

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

(a) born in the State, and

(b) the subject of a waiver referred to in section 217(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 the relevant 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 under section 219(2)(b).

219. **National Surrogacy Register and relevant child (Chapter 2)**

219. (1) Subject to subsection (2), the AHRRA shall make an entry in the National Surrogacy Register in respect of the relevant child as soon as is practicable after the AHRRA receives the section 216 application concerned.

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

(a) the information in respect of the relevant child, the surrogate mother and the intending parents (or, in the case of a single intending parent, that intending parent), as given to the Court as part of the section 216 application;

(b) where the section 216 application has been determined, whether or not a parental order was granted and the date of the determination.

(3) Where the AHRRA becomes aware of updated information in relation to subsection (2), or of an error in 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.

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

220. (1) This section applies where the relevant child 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 relevant child from the Court under section 218(2);

(b) the AHRRA is notified under section 218(4) of a refusal of the Court to grant a parental order in respect of the relevant child.

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

(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).

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

221. (1) An adult (AHR) born as a result of AHR treatment provided pursuant to a surrogacy agreement (P) may make an application (in this section referred to as a “section 221 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 223 and 224, where the AHRRA receives a section 221 application, it shall give the information sought by the section 221 application to the adult (AHR).

222. Provisions supplementary to section 221

222. (1) Where information relating to a person is, in accordance with this Chapter, 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 222 application”) to the AHRRA to update the information concerned.

(2) Subject to sections 223 and 224, the AHRRA shall comply with a section 222 application.

223. Applications to AHRRA not correctly completed - past international surrogacy

223. (1) Where the AHRRA is not satisfied that an application made to it under this Chapter 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 Chapter on foot of the application and state in the notice the reasons for such refusal.

224. Additional information - past international surrogacy

224. Where an application is made under this Chapter 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 Chapter on foot of the application.

225. Provisions supplementary to sections 223 and 224

225. Sections 223 and 224 shall, with all necessary modification, apply to—

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

PART 13 Consequential and other Amendments

226. Amendment of Irish Nationality and Citizenship Act 1956

226. The Irish Nationality and Citizenship Act 1956 is amended by the insertion of the following section after section 11:

“Citizenship of children born as result of donor-assisted human reproduction procedures or surrogacy

11A. (1) Subject to subsection (2), for the purposes of this Act, ‘parent’ shall include a person who is, under section 5 of the Act of 2015, a parent of a child born in the State.

(2) Where a person who is an Irish citizen is declared under section 21 or 22 of the Act of 2015 to be a parent of a child, the child, if not already an Irish citizen, shall be an Irish citizen from the date on which the declaration is made.

(3) Where—

(a) a parental order is granted in respect of a child, and

(b) an intending parent named in the parental order as a parent of the child is an Irish citizen,

the child, if not already an Irish citizen, shall be an Irish citizen from the date on which the parental order is granted.

(4) This section shall apply to a child born before or after the commencement of this section.

(5) In this section—

‘Act of 2015’ means the Children and Family Relationships Act 2015;

‘Act of 2024’ means the Health (Assisted Human Reproduction) Act 2024;

‘intending parent’ has the meaning assigned to it by the Act of 2024;

‘parental order’ means an order granted under section 66(1)(a), 103(1)(a), 205 or 217 of the Act of 2024 for the transfer of the parentage of a child.”.

227. Amendment of Guardianship of Infants Act 1964

227. The Guardianship of Infants Act 1964 is amended—

(a) in section 2(1)—

(i) in the definition of “father”, by the insertion of “and a male intending parent who has been named in a parental order as the parent of a child” after “adoption order”,

(ii) in the definition of “mother”, by the insertion of “and a female intending parent who has been named in a parental order as the parent of a child” after “adoption order”, and

(iii) by the insertion of the following definitions:

“ ‘Act of 2024’ means the Health (Assisted Human Reproduction) Act 2024;

‘intending parent’ has the meaning assigned to it by the Act of 2024;

‘parental order’ means an order granted under section 66(1)(a), 103(1)(a), 205 or 217 of the Act of 2024 for the transfer of the parentage of a child;

‘surrogacy agreement’ has the meaning assigned to it by the Act of 2024;

‘surrogate mother’ has the meaning assigned to it by the Act of 2024;”,

(b) in section 6—

(i) in subsection (1)—

(I) in paragraph (a), by the deletion of “or”,

(II) in paragraph (b), by the substitution of “couple, or” for “couple.”, and

(III) by the insertion of the following paragraph after paragraph (b):

“(c) where a married couple of the same sex have both been named in a parental order as the parent of a child, each of the married couple.”,

(ii) by the insertion of the following subsection after subsection (1A):

“(1B) Where civil partners or cohabiting couples have both been named in a parental order as the parents of a child, the civil partners or cohabitants, as the case may be, shall be guardians of the child jointly.”,

(iii) by the insertion of the following subsections after subsection (3B):

“(3C) On the death of a spouse who has been named in a parental order as the parent of a child and whose spouse of the same sex was also so named in the order, the other spouse, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased spouse or by the court.

(3D) (a) On the death of a civil partner who has been named in a parental order as the parent of a child and whose civil partner was also so named in the order, the other civil partner, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased civil partner or by the court.

(b) On the death of a cohabitant who has been named in a parental order as the parent of a child and whose cohabitant was also so named in the order, the other cohabitant, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased cohabitant or by the court.”,

and

(iv) in subsection (4), by the substitution of “subsections (1A) and (1B)” for “subsection (1A)”,

and

“Guardianship of child born as result of AHR treatment provided pursuant to surrogacy agreement

6BA. (1) Where—

(a) a child is born as the result of AHR treatment provided pursuant to (or for the purposes of) a surrogacy agreement,

(b) an intending parent and the surrogate mother have each declared that he or she, in accordance with the provisions of the Act of 2024—

(i) is, as the case requires, an intending parent or the surrogate mother of the child, and

(ii) agrees to the appointment of the intending parent as a guardian of the child,

and

(c) the intending parent and surrogate mother have made a statutory declaration to the effect referred to in paragraph (b) in a form prescribed by the Minister,

that intending parent, in addition to that surrogate mother, shall be a guardian of that child.

(2) Where there are two intending parents of a child referred to in subsection (1), either or both parents may take the action referred to in that subsection to become a guardian of the child.

(3) Subject to subsection (4), an intending parent who is a guardian of a child by virtue of the operation of this section shall cease to be such guardian upon the refusal of the Circuit Court to grant a parental order stating that the child becomes the child of that parent.

(4) Subsection (3) shall not come into effect until—

(a) the ordinary time within which an appeal against the refusal referred to in that subsection has elapsed without any such appeal having been made, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal by way of confirmation of such refusal,

whichever first occurs.

Guardianship of child born as result of international surrogacy agreement

6BB. (1) Where—

(a) a child is born as the result of a surrogacy agreement which has been approved under section 90 of the Act of 2024, and

(b) an intending parent and the surrogate mother have each declared that he or she, in accordance with the provisions of the Act of 2024—

(i) is, as the case requires, an intending parent or the surrogate mother of the child, and

(ii) agrees to the appointment of the intending parent as a guardian of the child,

and

(c) the intending parent and surrogate mother have made a statutory declaration to the effect referred to in paragraph (b) in a form prescribed by the Minister,

that intending parent, in addition to that surrogate mother, shall be a guardian of that child.

(2) Where there are two intending parents of a child referred to in subsection (1), either or both parents may take the action referred to in that subsection to become a guardian of the child.

(4) Subsection (3) shall not come into effect until—

(a) the ordinary time within which an appeal against the refusal referred to in that subsection has elapsed without any such appeal having been made, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal by way of confirmation of such refusal,

whichever first occurs.”.

228. Amendment of section 46 of Status of Children Act 1987

228. Section 46 of the Status of Children Act 1987 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (1A), where” for “Where”, and

(b) by the insertion of the following subsection after subsection (1):

“(1A) For the purposes of Part 7 or 8 of the Health (Assisted Human Reproduction) Act 2024, the reference in subsection (1) to ‘where a woman gives birth to a child’ shall be construed as a reference to ‘where a woman gives birth to a child (other than a child born as a result of AHR treatment within the meaning of that Act provided pursuant to, or for the purposes of, a permitted surrogacy or permitted international surrogacy within the meaning of that Act).’.”.

229. Amendment of section 15 of Passports Act 2008

229. Section 15(2) of the Passports Act 2008 is amended by the substitution of the following paragraph for paragraph (a):

“(a) there is reasonable cause to believe that the person is or may be—

(i) an Irish citizen, or

(ii) a child to whom section 11A(3) (inserted by section 226 of the Health (Assisted Human Reproduction) Act 2024) of the Irish Nationality and Citizenship Act 1956 will apply,”.

230. Amendment of Act of 2004

230. The Act of 2004 is amended—

(a) in section 2(1)—

(i) by the substitution of the following definition for the definition of “parent”:

“ ‘parent’—

(a) in relation to a donor-conceived child, means the parent or parents of that child under section 5 of the Children and Family Relationships Act 2015, and

(b) in relation to a child born as a result of AHR treatment provided pursuant to (or for the purposes of) a surrogacy agreement, means the parent or parents of that child under section 67, 104, 206 or 218 of the Act of 2024;”,

(ii) in the definition of “the required particulars”, by the insertion of the following paragraph after paragraph (f):

“(g) in relation to a parental order, the particulars specified in Part 2C of the First Schedule;”,

and

(iii) by the insertion of the following definitions:

“ ‘Act of 2024’ means the Health (Assisted Human Reproduction) Act 2024;

‘parental order’ means an order granted under section 66(1)(a), 103(1)(a), 205 or 217 of the Act of 2024 for the transfer of the parentage of a child;

‘surrogacy agreement’ has the meaning assigned to it by the Act of 2024;”,

(b) in section 8(1), by the insertion of the following paragraph after paragraph (eeeeee):

“(eeeeeee) to establish and maintain a register and index for the purposes of the registration of parental orders,”,

“(n) a register of all parental orders where an order has been made by the court under section 66(1)(a), 103(1)(a), 205 or 217(1) of the Act of 2024 (which shall be known, and is referred to in this Act, as the register of parental orders for surrogacy).”,

(d) by the insertion of the following Part after Part 3B:

“PART 3C

Registration of Parental Orders for Surrogacy

Definition (Part 3C)

30M. In this Part, ‘register’ means the register of parental orders for surrogacy.

Application of Part

30N. (1) Subject to subsection (2), this Part applies to parental orders.

(2) This Part shall not apply where the birth of a child named in a parental order has not already been registered in the register of births.

Entries in register on foot of parental order

30O. (1) One or both of the parents named in a parental order shall, as soon as is practicable after the order has been made, give to an tArd Chláraitheoir a copy of the order, together with the required particulars specified in Part 2C of the First Schedule, and an tArd Chláraitheoir shall make an entry in the register, or cause an entry to be so made.

(2) Where an tArd-Chláraitheoir receives a copy of a parental order under section 67, 104, 206 or 218 of the Act of 2024 and, after a period of 3 months from the date of the parental order, an entry has not been made in the register in relation to that copy, an tArd-Chláraitheoir shall enter or cause to be entered the required particulars in the register.

(3) Where there is an error in a parental order furnished under subsection (1), the court concerned shall give to an tArd-Chláraitheoir, within five days, a further parental order correcting the error in the register or cause it to be corrected.

(4) If a parental order is set aside, the court concerned shall inform an tArd-Chláraitheoir, within five days, and an tArd-Chláraitheoir shall cancel the entry relating to the order or cause it to be cancelled.

(5) Evidence of an entry in the register and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd Chláraitheoir or a person authorised in that behalf by an tArd Chláraitheoir.

(6) In this section, ‘court’ shall be construed in accordance with section 2 of the Act of 2024.

Other entries in register

30P. Where an tArd-Chláraitheoir receives notice in writing of information from the AHRRA under section 69(2), 106(2), 208(2) or 220(2) of the Act of 2024, he or she shall enter or cause to be entered the required particulars in the register.

Who may obtain copies of entries in register

30Q. (1) Subject to subsection (2), the parents, or the guardian, or the child having reached the age of 16 years, may make an application to an tArd-Chláraitheoir and on payment to him or her of the prescribed fee, shall be given by him or her—

(a) a copy certified by him or her to be a true copy, or

(b) a copy,

of an entry in the register so long as the applicant is named as a parent or a child in the relevant parental order, or is a guardian of the child named in the parental order.

(2) A copy of an entry, referred to in subsection (1), or an extract thereof, shall omit any reference to or particulars of a personal public service number and ‘true copy’ in that subsection shall be construed accordingly.

(3) Where a person whose birth was registered in accordance with this section and who has attained the age of 16 years applies for a birth certificate, the registrar shall contact that person to inform him or her that further information relating to him or her is available from the National Surrogacy Register.

Separate index of connections between register and register of births

30R. (1) An tArd-Chláraitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births.

(2) Notwithstanding section 30Q, the index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.

Certified copy of entry in register as evidence of facts stated

30S. A certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora, shall be received, without further proof, as evidence of the facts stated in the certified copy, and any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy.

Privacy of surrogacy records

30T. (1) No person other than an tArd-Chláraitheoir or a person authorised in that behalf by an tArd-Chláraitheoir shall be entitled to research the register or an index relating to the register which makes traceable an entry in the register of births and no information from the register or such an index shall be given to any person except by order of a court.

(2) A court shall not make an order under subsection (1) unless it is satisfied that it is in the best interests of any child concerned to do so.

(3) A court shall not make an order referred to in section 30R(2) unless the court is satisfied that it is in the best interests of any child concerned to make the order.”,

(e) in section 61(3), by the substitution of “, to the register under Part 3B or to the register for parental orders for surrogacy or an index to any of those registers” for “or to the register under Part 3B or to an index to any of those registers”,

(f) in section 63(1), by the substitution of “, (k) or (n)” for “or (k)”, and

(g) in the First Schedule, by the insertion of the following Part after Part 2B:

“PART 2C

Particulars to be Entered in Register of Parental Orders for Surrogacy

Personal public service number of child.

Date and country of birth of child.

Sex of child.

Forename, surname, birth surname, address and occupation of mother.

Former surname of mother.

Date of birth of mother.

Marital status of mother.

Personal public service number of mother.

Forename, surname, birth surname, address and occupation of father.

Former surname of father.

Date of birth of father.

Marital status of father.

Personal public service number of father.

Forename(s), surname(s), birth surname(s), address and occupation(s) of parent(s).

Former surname(s) of parent(s).

Date(s) of birth of parent(s).

Marital status of parent(s).

Personal public service number(s) of parent(s).

Date of parental order made by a court under section 66(1)(a), 103(1)(a), 205(1) or 217(1) of the Act of 2024.

Date of registration.

Registered by.”.

231. Amendment of section 39 of Civil Liability and Courts Act 2004

231. Section 39 of the Civil Liability and Courts Act 2004 is amended, in the definition of “relevant enactment”—

(a) in paragraph (l), by the substitution of “2010;” for “2010.”, and

(b) by the insertion of the following paragraph after paragraph (l):

“(m) section 66(1)(a), 103(1)(a), 205 or 217 of the Health (Assisted Human Reproduction) Act 2024.”.

232. Amendment of Act of 2015

232. The Act of 2015 is amended—

(a) in section 19(3), by the deletion of paragraphs (b) and (c) and the substitution of the following:

“(b) medical expenses,

(d) any net loss of income,”,

(b) in section 20—

(i) in subsection (1)—

(I) by the substitution of the following paragraph for paragraph (b):

“(b) the child was born as a result of a DAHR procedure that was performed before the date on which this section came into operation that—

(i) was performed in the State, or

(ii) both—

(I) was performed outside the State, and

(II) where it was performed in a DAHR facility outside the State, was performed by a person authorised to do so under the law of the place where the procedure was performed,”,

(II) by the substitution of the following paragraph for paragraph (d):

“(d) subject to paragraph (g), at the time referred to in paragraph (c), the donor who provided a gamete that was used in the DAHR procedure—

(i) was unknown to the mother of the child and the person referred to in paragraph (c), and

(ii) was not an intending parent of the child,”,

(III) in paragraph (e), by the substitution of “paragraph (c),” for “paragraph (c), and”,

(IV) in paragraph (f), by the substitution of “parent,” for “parent.”, and

(V) by the insertion of the following paragraphs after paragraph (f):

“(g) subject to paragraphs (h) and (i), where the donor who provided a gamete that was used in the DAHR procedure was known to the mother of the child and the person referred to in paragraph (c), the donor consents to the making of the declaration concerned under section 21 or 22 and, by virtue of giving such consent, confirms that he or she understands that, under the law of the State, he or she—

(i) is not a parent of the child, and

(ii) has no parental rights or duties in respect of the child,

(h) a consent referred to in paragraph (g) given by the donor is given—

(i) voluntarily, and

(ii) subject to provisions of the Assisted Decision-Making (Capacity) Act 2015, when he or she had the capacity (within the meaning of that Act) to do so,

and

(i) the District Court or Circuit Court, as appropriate, may waive the requirement under paragraph (g) of consent from the donor referred to in that paragraph if he or she—

(i) is deceased, or

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

and

(ii) in subsection (2), by the substitution of the following definitions for the definition of “DAHR procedure”:

“ ‘DAHR procedure’ includes a DAHR procedure performed—

(a) other than in a DAHR facility,

(b) outside the State, or

‘donor’ means a person who provided a gamete for a DAHR procedure, other than the mother or intending parent of the child born as a result of such procedure;”,

“(4A) Where section 20(1)(g) applies, an application under this section shall include an affidavit sworn by the donor stating that he or she—

(a) consents to the making of a declaration under this section, and

(b) understands that, under the law of the State, he or she is not a parent of the child and has no parental rights or duties in respect of the child.”,

(d) in section 22, by the insertion of the following subsection after subsection (5):

“(5A) Where section 20(1)(g) applies, an application under this section shall include an affidavit sworn by the donor stating that he or she—

(a) consents to the making of a declaration under this section, and

(b) understands that, under the law of the State, he or she is not a parent of the child and has no parental rights or duties in respect of the child.”,

(e) in section 26—

(i) in subsection (5)(a), by the substitution of “a DAHR facility” for “the DAHR facility concerned”, and

(ii) in subsection (6)(b), by the substitution of “a DAHR facility” for “the DAHR facility”,

(f) in section 34(1)—

(i) by the substitution of “Subject to section 42A, a donor-conceived child who has attained the age of 16 years” for “A donor-conceived child who has attained the age of 18 years”, and

(ii) by the substitution of “16 years, may” for “18 years, may”,

(g) in section 35—

(i) in subsection (1), by the substitution of “Subject to section 42A, a donor conceived child who has attained the age of 16 years” for “A donor conceived child who has attained the age of 18 years”,

(ii) by the insertion of the following subsection after subsection (1):

“(1A) The Minister shall, as soon as is practicable after receiving a request under subsection (1), comply with the request.”,

and

(iii) by the deletion of subsections (2) to (6),

(h) in section 36—

(i) in subsection (1), by the substitution of “Subject to section 42A, a donor-conceived child who has attained the age of 16 years” for “A donor-conceived child who has attained the age of 18 years”, and

(ii) in subsection (2)—

(I) by the substitution of “Subject to section 42A, a donor” for “A donor”, and

(II) by the substitution of “16 years” for “18 years”,

(i) in section 37—

(ii) in subsection (2), by the substitution of “Subject to section 42A, a donor conceived child who has attained the age of 16 years” for “A donor conceived child who has attained the age of 18 years”,

and

(j) in section 38—

(i) in subsection (1), by the substitution of “(or, subject to section 42A, in the case of a person who has not attained the age of 16 years, his or her parent or guardian)” for “(or, in the case of a person who has not attained the age of 18 years, his or her parent or guardian)”, and

(ii) by the deletion of subsection (2).

233. Delegation by Minister to AHRRA

233. The Act of 2015 is amended by the insertion of the following section after section 41:

“41A. (1) The Minister may delegate to the AHRRA any of his or her functions (including maintaining the National Donor-Conceived Person Register) under Part 2 or this Part (except the Minister’s power to make regulations under section 41) which he or she considers can effectively be performed by the AHRRA and the Minister shall be responsible for monitoring, approving or reviewing the performance of such delegated functions by the AHRRA.

(2) Where a function of the Minister is delegated to the AHRRA under subsection (1), the delegation shall remain in force until the Minister revokes it.

(3) In this section, ‘AHRRA’ has the meaning it has in section 122 of the Health (Assisted Human Reproduction) Act 2024.”.

234. Savings - sections 34 to 38

234. The Act of 2015 is amended, in Part 3, by the insertion of the following section after section 42:

“42A. (1) (a) Section 34 as amended by section 232(f) of the Act of 2024 shall not apply in the case of information from the Register which was recorded in the Register before the commencement of such section 232(f).

(b) Section 34 as in force immediately before the commencement referred to in paragraph (a) shall, on and after that commencement, continue to apply to information referred to in that paragraph.

(2) (a) Section 35 as amended by section 232(g) of the Act of 2024 shall not apply in the case of information which was recorded in the Register before the commencement of such section 232(g).

(b) Section 35 as in force immediately before the commencement referred to in paragraph (a) shall, on and after that commencement, continue to apply to information referred to in that paragraph.

(3) In this section, ‘Act of 2024’ means the Health (Assisted Human Reproduction) Act 2024.”.

SCHEDULE 1 Fit and Proper Person

Section 2

In this Schedule—

“person concerned”, in relation to a relevant person which is a body corporate, means—

(a) a person who exercises control (within the meaning of section 11 or 432 of the Taxes Consolidation Act 1997) in relation to the body,

(b) a member (including the chairperson) of the body, or the board or board of directors of the body, or any other person acting in such capacity,

(d) a person to whom paragraph 2(f) relates or, in the case of a relevant person who falls within clause (a) of the definition of “relevant person”, would relate if the AHRRA grants the licence concerned;

“relevant person” means—

(a) in the case of a licence application, the applicant, or

(b) the holder of a licence.

Subject to section 162, the AHRRA shall, in determining whether a relevant person is a fit and proper person to be granted a licence or to continue to be the holder of a licence, as the case may be, have regard to the following:

(a) letters of reference;

(b) whether the relevant person, or any other person concerned, stands convicted of—

(i) an indictable offence under this Act or an offence in another jurisdiction equivalent to such an indictable offence,

(ii) an indictable offence under an enactment prescribed for the purposes of this subparagraph, or

(iii) an offence involving fraud or dishonesty;

(c) if the relevant person is a body corporate, whether any of its directors has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or is subject to or deemed to be subject to—

(i) a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act, or

(ii) a disqualification outside the State to like effect which corresponds to a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014;

(d) if the relevant person is an individual, whether he or she is adjudicated bankrupt or is subject to proceedings for a declaration of bankruptcy or becomes an arranging debtor;

(e) if the relevant person is a body corporate, whether it—

(i) has commenced a voluntary winding-up or is subject to a winding-up order or is subject to proceedings for such an order,

(ii) is subject to the appointment of a receiver or examiner, or

(iii) has proposed to compromise an arrangement that is sanctioned under section 453(2) of the Act of 2014;

(f) if the relevant person is a body corporate incorporated under the law of another jurisdiction—

(i) whether an event which corresponds to an event referred to in clause (c) has occurred in relation to any of its directors, or

(ii) whether an event which corresponds to an event referred to in clause (e) has occurred in relation to the body corporate;

(g) whether the relevant person, or a person acting on behalf of the relevant person in the relevant person’s capacity as such, has (or has access to), or continues to have (or have access to), as the case may be, the requisite technical knowledge or qualifications, or both, to undertake the proposed relevant activity, or continue to undertake the relevant activity, as the case may be;

(h) whether the relevant person is likely to be in a position to meet, or continue to meet, as the case may be, any financial commitments or obligations that the AHRRA reasonably considers will be entered into or incurred by the relevant person—

(i) in undertaking the proposed relevant activity, or in continuing to undertake the relevant activity, as the case may be,

(ii) in ceasing to undertake the proposed relevant activity or the relevant activity, as the case may be, or

(iii) the previous performance of the relevant person when granted a licence.

SCHEDULE 2 Prohibited ESC Research

Section 10

ESC research involving the creation of an embryo specifically for use in research and whether or not the embryo is created by the fertilisation of a human egg by a human sperm or by other means.

(a) ESC research involving—

(i) the creation of a human embryo clone,

(ii) placing a human embryo clone into the body of a person,

(iii) placing a human embryo clone into the body of an animal, or

(iv) using a human embryo clone for the purposes of research.

(b) In this paragraph, “human embryo clone” means a human embryo that is a genetic copy of another living or deceased human, but does not include a human embryo created by fertilisation of a human egg by a human sperm.

(a) ESC research undertaking mitochondrial donation or mitochondrial replacement with human gametes or embryos.

(b) In this paragraph—

“enucleated egg or embryo” means an egg or embryo from which the nuclear DNA has been removed;

“mitochondrial donation” and “mitochondria replacement” mean the removal of any nuclear DNA from an egg or embryo that has abnormal mitochondria and the insertion of this nuclear DNA into another enucleated egg or embryo that has healthy mitochondria.

(a) ESC research involving—

(i) the creation of a human-animal hybrid embryo,

(ii) the use of a human-animal hybrid for any purpose,

(iii) placing a human-animal hybrid into the body of a person or animal,

(iv) placing a human gamete or embryo into the body of an animal, or

(v) placing an animal gamete or embryo into the body of a person.

(b) In this paragraph, “human-animal hybrid embryo” means an embryo created or altered by—

(i) the fertilisation of a human gamete with an animal gamete,

(ii) the fertilisation of an animal gamete with a human gamete,

(iii) the insertion of an animal cell into a human embryo,

(iv) the insertion of a nucleus from a human cell into an animal egg,

(v) the insertion of a nucleus from an animal cell into a human egg, or

(vi) any other combination of human and animal material.

Any other type of ESC research specified, for the purposes of this paragraph, in regulations made under section 10(3).

SCHEDULE 3 Criteria that AHRRA shall have Regard to in Determining Licence Application to Provide AHR Treatment

Section 154

Whether the applicant is a fit and proper person to be granted a licence to provide the AHR treatment concerned, both at the time the licence application is made and at the time that the application is determined by the AHRRA.

Whether the applicant is tax compliant, both at the time that the licence application is made and at the time that the application is determined by the AHRRA.

Whether the applicant has, or has available, the requisite skills and experience to provide the AHR treatment the subject of the licence application to a sufficient standard.

Whether the premises specified in the licence application at which it is proposed to provide the AHR treatment the subject of the licence application are suitable for the provision of such treatment (including whether such premises are an authorised tissue establishment within the meaning of the Regulations of 2006).

Any additional criteria specified, for the purposes of this paragraph, in regulations made under section 154(2).

SCHEDULE 4 Criteria that AHRRA shall have Regard to in Determining Licence Application to Undertake ESC Research

Section 154

Whether the applicant is a fit and proper person to be granted a licence to undertake the ESC research concerned, both at the time the licence application is made and at the time that the application is determined by the AHRRA.

Whether the applicant is tax compliant, both at the time that the licence application is made and at the time that the application is determined by the AHRRA.

Whether the ESC research concerned is likely to advance—

(a) knowledge, treatments or other procedures relating to AHR, or

(b) knowledge or treatment of serious diseases or other serious medical conditions.

Whether the aims of the ESC research referred to in paragraph 3 could not reasonably be achieved through alternative forms of research that do not require the use of, as the case may be—

(a) embryos,

(b) embryonic stem cells or stem cell lines, or

Whether or not the ESC research concerned has been assessed and approved by a research ethics committee.

Whether the applicant has, or has available, the requisite skills and experience to undertake the ESC research the subject of the licence application.

Whether the premises specified in the licence application at which it is proposed to undertake the ESC research the subject of the application are suitable for such undertaking.

Any additional criteria specified, for the purpose of this paragraph, in regulations made under section 154(2).

SCHEDULE 5 Types of conditions that ahrra may attach to licence authorising provision of ahr treatment or that are deemed to be attached to such licence

Section 156

PART 1 Types of Conditions that AHRRA may Attach to Licence

A condition requiring the holder of a licence to give notice in writing to the AHRRA of any change of circumstances that a reasonable person would consider might be a change in circumstances—

(a) that will or may adversely affect, in a material way, the provision of the AHR treatment authorised by the licence, or

(b) that, if the holder did not hold that licence and were to make a licence application for a licence in the like terms, the provisions of Part 10, as in force at the time that the licence was granted, would prevent the AHRRA from granting a licence in such terms to the holder.

Any type of condition specified, for the purposes of this paragraph, in regulations made under section 156(3).

PART 2 Conditions Deemed to be Attached to Licence

A condition that the holder of a licence continues to be a fit and proper person to hold the licence.

(a) A condition that the AHR treatment provider shall not place a relevant gamete or embryo into the body of a woman in an attempt to achieve a pregnancy.

(b) In this paragraph—

“enucleated egg or embryo” means an egg or embryo from which the nuclear DNA has been removed;

“genome” means an organism’s complete set of DNA, including all of its genes;

“relevant gamete or embryo” means a human gamete or embryo—

(i) the genome of which has been modified such that the modification could be inherited by children born from the gamete or embryo or the descendants of such children, or

(ii) which has undergone mitochondrial donation or mitochondrial replacement.

A condition specified for the purposes of this paragraph in regulations made under section 156(3).

SCHEDULE 6 Types of Conditions that AHRRA May Attach to Licence Authorising Undertaking of ESC Research or that are Deemed to be Attached to such Licence

Section 156

PART 1 Types of Conditions that AHRRA may Attach to Licence

A provision requiring the holder of a licence to give notice in writing to the AHRRA of any change in circumstances that a reasonable person would consider might be a change in circumstances—

(a) that will or may adversely affect, in a material way, the undertaking of the ESC research authorised by the licence, or

(b) that, if the holder did not hold that licence and were to make a licence application for a licence in the like terms, the provisions in Part 10, as in force at the time that the licence was granted, would prevent the AHRRA from granting a licence in such terms to the holder.

A condition that the holder of a licence shall not import embryonic stem cell lines or induced pluripotent stem cell lines for use in ESC research.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.

Health (Assisted Human Reproduction) Act 2024

196. Evidentiary presumptions

197. Offences by bodies corporate

198. Vicarious liability

199. Summary proceedings

200. Time limit for offences that may only be brought by summary proceedings

201. Costs of prosecutions

PART 12 Past Domestic and International Surrogacy

Chapter 1 Past domestic surrogacy

202. Definitions Chapter 1

203. Operation of Chapter and section 151 before establishment day, etc.

204. Application for parental order - past domestic surrogacy

205. Grant of parental order and relevant child (Chapter 1)

206. Effect of parental order - past domestic surrogacy

207. National Surrogacy Register and relevant child (Chapter 1)

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

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

210. Provisions supplementary to section 209

211. Applications to AHRRA not correctly completed - past domestic surrogacy

212. Additional information - past domestic surrogacy

213. Provisions supplementary to sections 211 and 212

Chapter 2 Past international surrogacy

214. Definitions Chapter 2

215. Operation of Chapter and section 151 before establishment day, etc.

216. Application for parental order - past international surrogacy

217. Grant of parental order and relevant child (Chapter 2)

218. Effect of parental order - past international surrogacy

219. National Surrogacy Register and relevant child (Chapter 2)

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

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

222. Provisions supplementary to section 221

223. Applications to AHRRA not correctly completed - past international surrogacy

224. Additional information - past international surrogacy

225. Provisions supplementary to sections 223 and 224

PART 13 Consequential and other Amendments

226. Amendment of Irish Nationality and Citizenship Act 1956

227. Amendment of Guardianship of Infants Act 1964

228. Amendment of section 46 of Status of Children Act 1987

229. Amendment of section 15 of Passports Act 2008

230. Amendment of Act of 2004

231. Amendment of section 39 of Civil Liability and Courts Act 2004

232. Amendment of Act of 2015

233. Delegation by Minister to AHRRA

234. Savings - sections 34 to 38

SCHEDULE 1 Fit and Proper Person

SCHEDULE 2 Prohibited ESC Research

SCHEDULE 3 Criteria that AHRRA shall have Regard to in Determining Licence Application to Provide AHR Treatment

SCHEDULE 4 Criteria that AHRRA shall have Regard to in Determining Licence Application to Undertake ESC Research

SCHEDULE 5 Types of conditions that ahrra may attach to licence authorising provision of ahr treatment or that are deemed to be attached to such licence

PART 1 Types of Conditions that AHRRA may Attach to Licence

PART 2 Conditions Deemed to be Attached to Licence

SCHEDULE 6 Types of Conditions that AHRRA May Attach to Licence Authorising Undertaking of ESC Research or that are Deemed to be Attached to such Licence

PART 1 Types of Conditions that AHRRA may Attach to Licence

203. **Operation of Chapter and section 151 before establishment day, etc.**

205. **Grant of parental order and relevant child (Chapter 1)**

207. **National Surrogacy Register and relevant child (Chapter 1)**

215. **Operation of Chapter and section 151 before establishment day, etc.**

217. **Grant of parental order and relevant child (Chapter 2)**

219. **National Surrogacy Register and relevant child (Chapter 2)**