It important prior to making any formal steps in relation to the surrogacy process that you obtain legal advice. The reason is, your experienced legal advisors can advise you on the legislative framework in Ireland surrounding Surrogacy. We understand the importance of getting it right. We will also talk you through the legality of surrogacy arrangements in other countries.

It is important to understand from the outset the requirements for returning to Ireland with your baby and obtaining legal parentage.

You should ensure that you carry out plenty of research prior to choosing a clinic and country in which to obtain Surrogacy services. You should prepare a list of what you are looking for and what you want to avoid, and these should be compared with your researched clinics. We will also advise you on what to look out for when choosing a country and clinic and what questions you should be raising with the clinic.

As you will understand there are unfortunately huge costs associated with international surrogacy. You should consider the following when considering international surrogacy:

• Costs of travel to the country of choice. Several trips may be required.
• Costs of accommodation during the trips to the host country.
• Costs of medical expenses for the surrogate.
• Legal costs both in Ireland and the host country.

The surrogacy agreement is a written agreement between you (the intended parent(s), the surrogate (and her husband if she has one) and the clinic. This sets out the basis of the agreement between the parties so that each party knows what to expect throughout the pregnancy and after the child is born. While we do not provide advice on the Surrogacy Agreement we can give you guidance on what to consider prior to entering into the agreement.

While awaiting the arrival of the baby or babies as the case may be, we will have the paperwork prepared up a number of weeks in advance of your due date. We will liaise directly with the clinic and the foreign lawyer to ensure that all necessary paperwork is in place so you can return to Ireland following the birth.

This will of course be the most exciting part of your journey. You will be returning to Ireland as a family.  There are timelines to be met when making applications to Court (and health boards) for parentage, custody and guardianship. We will have all the necessary Court documentation prepared and will make all required  Court applications immediately upon your return to Ireland. This is an important and exciting time for you and as such, we aim to make the process as stress free as possible.

It is now the case that the second parent after two years residing with the child, if married to, a partner or cohabiting with the father and sharing day to day care of the child can apply to the Court for an order appointing them a joint guardian of the child or children. The application is a straightforward application to the Court that secures the family unit in Irish law.