C14

Prospective affecting provision: section inserted by Health (Assisted Human Reproduction) Act 2024 (18/2024), s. 227(c), not commenced as of date of revision.

F33[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.

(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 F34[Family 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.]