By Annette Hickey

Health Assisted Human Reproduction Bill (“HAHR”) 2022

Surrogacy - HAHR Committee Stage AmendmentsOn the 24th January 2024 the Health Committee started the process of reviewing and considering the Government proposed committee stage amendments to the HAHR Bill.

The Health Committee finished this process on the 6th March 2024.  The Bill now progresses to Report stage.  This is the last opportunity for amendments to be proposed to the text of the Bill.

The HAHR Bill includes provisions that allow parents through past domestic surrogacy and past international surrogacy arrangements (subject to complying with the provisions of the legislation) to apply for parental orders after the relevant sections of the legislation commences.

The HAHR includes provisions that provide that parents who pursue international and domestic surrogacy after the establishment of the Assisted Human Reproduction Regulatory Authority must apply for pre-conception approval authorisation from this authority before pursing their surrogacy journey.  

Parental orders for both parents will only be granted when the parents have received such pre-conception approval authorization, pursued their altruistic surrogacy journey in an approved surrogacy jurisdiction and have complied with the provisions in the Bill.

During the last public session of the Health Committee on the 6th March the Minister for Health confirmed that it was his absolute intention after this Bill be enacted prior to this year’s Summer recess, i.e. on or before the end of July 2024.  

It is important therefore at this time while we await the finalization of this legislation and the commencement of the new legal process whereby parents can apply to the High Court for parental orders, that all intended parents who are considering pursuing a surrogacy journey, those who are on a surrogacy journey and those who have completed their surrogacy journey are aware of the provisions in the legislation relevant to their family.

If anyone has any queries, questions or concerns regarding the provisions in the Bill, please do not hesitate to contact us.

Written By Annette Hickey

Annette has exclusively practised family law in the litigation department for the past 10 years and heads up the firm's Surrogacy & Fertility law team.

She is highly respected and regarded for her expertise and knowledge of fertility law, surrogacy and same-sex family matters. Diligent, thorough and empathetic, Annette brings a wealth of experience, sensitivity and understanding to our team.

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