Surrogacy laws in Ireland

Currently there is no legislation covering surrogacy in Ireland. As it stands, the birth mother of a child is considered mother and is recorded as such on the child’s birth certificate, regardless of the possible absence of a genetic link to that child. A commission was established in 2005 to review the area of Assisted Human Reproduction (CAHR). Its recommendations were, in general, positively received, and included provisions for non-commercial surrogacy. It wasn’t until January 2014, that Justice Minister Alan Shatter published a general scheme for the Children and Family Relationships bill for consultation, which encompassed the area of assisted human reproduction, including surrogacy.

In November 2014, in a landmark case, the Supreme Court had found against the genetic mother of twins born to a surrogate (in this case, her sister), who wanted to be named on their birth certificates as their legal mother. The Supreme Court however submitted that the continued lack of a legislative framework for surrogacy arrangements creates unnecessary risk, uncertainty and costs for those involved. It provided clear guidance for the government to produce legislation on surrogacy. In February 2015, the government agreed to prepare new laws to regulate surrogacy and the broader area of assisted human reproduction, and bring to an end the legal uncertainty in which these services currently operate.

The children and family relationship bill was put to the Dail for debate in February 2015. Up until the last minute, the bill included surrogacy, but this was omitted in the final draft. The minister for Health Dr.Leo Varadkar noted at the time that surrogacy would be addressed in a separate bill that deals specifically with assisted human reproduction. Dr.Varadkar is currently working on the heads of the bill, which will ban commercial surrogacy and anonymous egg or sperm donations.

Nowadays Ukraine is unique destination for fertility treatment which is quite popular among Irish people. Specialists of Anastasia Herman law office are glad to share their knowledge and experience within legal process that will make each step of your surrogacy journey confident and easy. We provide consultations on all kind of artificial technology treatment programs, document and agreement drafting, assistance with post-birth process and support of Guardianship and Adoption process. We will minimize a time of your stay in Ukraine providing approachable legal services of excellent quality, accompanies the greatest and most admirable journey in your life – path becomes parents. 

Anastasia Herman law office is recommended by the Irish Embassy in Ukraine.

Please contact our lawyers for advice on surrogacy law.

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