“Past Surrogacy Arrangement Provisions”
Updated December 2024
The Health (Assisted Human Reproduction) Act 2024 (“the Act”) was enacted by the President on the 2nd of July 2024. The Minister for Health indicated in a letter dated the 27th November 2024 his intention at that time that Part 12 (past domestic and international surrogacy arrangement provisions) of the Act as well as other related provisions would be commenced on the 1st June 2025.
He further stated that his officials had been instructed to draft the required statutory instrument. We await clarification as to whether the “related provisions” refer to those provisions regarding the establishment of the Assisted Human Reproduction Regulatory Authority (“the Authority”). We await receipt of confirmation of when the statutory instrument has been drafted and also when the Minister for Health has signed it.
Pending the actual commencement of these legislative provisions, intending parents pursuing surrogacy are trying to navigate their surrogacy journeys in compliance with the provisions detailed in Part 12 of the Act and also in the knowledge that until these provisions are actually commenced, intending parents cannot apply to the Court for Parental Orders, the biological father is the only party that can apply to the Court for a Declaration of Parentage, Guardianship and Custody.
We understand that the Rules of Court and details of the proofs and requirements required by the Chief State Solicitors Office and the Court have been agreed and finalised. We are extremely anxious to see the details of these Rules and the approach that has been taken by the Department of Justice and Court Services to safeguarding the welfare and best interests of the child and surrogate in the context of past surrogacy provision applications before the Court.
When we have had the opportunity of reviewing these Rules, and requirements we will then be able to provide guidance regarding the process and guidance regarding the legal fees to parents.