Surrogacy Law

Family through Surrogacy

We understand that couples who are going down the surrogacy route to extend their family have already travelled an emotionally difficult and often upsetting path. As experts in surrogacy law, we will handle your matter with empathy and ensure that you have a strong foundation of support to deal with the highs and the lows of the surrogacy journey.

Support with Surrogacy

We will provide you with the legal advice you need to make informed decisions and ensure that the necessary documentation is in place and legal formalities complied with.

What is Surrogacy?

Surrogacy involves a woman, who is usually supported by a legal contract, to bear the child for another person or persons who will become parents after the birth. We cater to the many types of surrogacy options and are happy to discuss with you.

Domestic Surrogacy – the surrogate mother is resident in Ireland and gives birth in Ireland.

International Surrogacy – the surrogate mother lives outside of Ireland and gives birth outside of this jurisdiction.

Domestic surrogacy at present is unfortunately more complicated than international surrogacy so many Irish couples are choosing to go abroad.

Different countries have different rules on surrogacy. For example, some countries allow commercial contracts in relation to surrogacy which gives couples more peace of mind. Other countries only permit altruistic surrogacy whereby the surrogate cannot be paid except for out of pocket expenses. 

  • The surrogate mother will always be recognised as the legal mother of any child born through surrogacy, even if she does not have a genetic relationship with the child.
  • If the surrogate is married her husband/civil partner will be treated as the child’s legal father in certain situations.
  • It is possible that the intended father or one of the intended fathers (if he is the biological father) will be recognised as the legal father of the child. However, this depends on various factors and in any event, he will not have parental responsibility (the day to day rights and responsibilities to care for a child) and would need to make a Guardianship Application.

In Ireland, surrogacy is currently unregulated although the Assisted Human Reproduction Bill is currently being drafted and will, when enacted, deal with domestic surrogacy.
As the intended parents you are denied full legal rights and status in respect of your child, even if one or both of you are the genetic parents.

The surrogate mother is considered the legal mother of the child and the child’s guardian, because she has given birth to the child. Legal maternity is important for birth registration, succession, childcare provisions, social welfare and educational provisions as many of these services and rights depend on the consent of the legal mother.

In a domestic surrogacy situation, if you sign a contract with the surrogate and they decide not to hand over the baby as agreed, the contract is not enforceable under Irish law.

There are various practicalities to consider during your surrogate’s pregnancy including communication with her, time spent with her, whether you will be present at the birth, and when she will hand over the child to you.

Our legal team can go through these with you. When surrogacy arrangements are taken abroad, issues such as citizenship and travel documents also arise and emergency travel documents will need to be applied for.

Unfortunately, there is no global surrogacy law so even if you are recognised as the legal parents of your child in the country in which he/she is born, under Irish law the surrogate and in some circumstances her spouse, will still be viewed as your child’s parents.

In order to be allowed into Ireland, the child has to be an Irish citizen and proof of this is needed to obtain a passport for the child. A DNA test therefore has to be undertaken in the country of birth which can delay returning to Ireland with your precious baby.
We can assist you with securing legal rights in relation to your child.
We can support you with the planning stages of an overseas surrogacy arrangement and subsequent applications in Ireland.

Please contact us to discuss your matter in confidence.

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