Surrogacy

There is nothing more important than Family. As an 85-year-old family business, we get this. We therefore understand not only the importance of getting it right, but the emotional side that goes with it.

Surrogacy offers a modern alternative way to starting a family and is being used by thousands of people all over the world to embark on their dream life.  Like all journeys, the stronger the support you have, the easier its going to be.

Often people who choose to go down the Surrogacy route have been through a difficult and emotional process already. Below we set out the interpretation for different terms you will hear when discussing surrogacy with a list of matters you should consider before embarking on your surrogacy journey.

“Difficult roads often lead to beautiful destinations”.

Road Map to Surrogacy

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.

Traditional Surrogacy and Gestational Surrogacy:

This is where the surrogate carries a chid conceived using her own egg and sperm from the intended father. This is done using Intrauterine Insemination (IUI). The main issue with traditional surrogacy is that the surrogate is biologically related to the child they intend to give to the intended parents (the people who will care for the child). For this reason, traditional surrogacy is not advised.

This is where the surrogate carries a child conceived using the egg from the intended mother (or donor egg if the case may be) and sperm from the intended father. This type of surrogacy is done by way of In Vitro Fertilisation (IVF), to enable the intended mother’s egg to be transferred to the surrogate’s body.

The law in relation to surrogacy in Ireland remains in a grey area, this means that it is neither prohibited nor permitted. Generally, Surrogacy arrangements in Ireland tend to be done altruistically by a surrogate who generally knows the couple or individual looking to have a child. Compensation by way of travel and medical expenses may be covered by the intended parents. The surrogate and intended parents should enter into an agreement to avoid any misunderstanding while also protecting all parties involved.

This is where intended parents travel to a different county to avail of a surrogate mother. Laws vary widely from county to country as such it is important to get experienced legal advice.

Why Us?

We are part of a global alliance of Law Firms (International Advisory Group). We have contacts with Law Firms in all of the main jurisdictions offering surrogacy and can obtain advice and assistance for you in any of these countries. So, even when you travel abroad, you won’t be without assistance!

FAQs

View our frequently asked questions.

Due to the current Irish legislation, surrogacy is not available for a single woman. The reason being is that under Irish law, the woman who gives birth to the child is the mother.

Yes, Surrogacy is an option for a single man as long as there is DNA evidence to show that he is the biological father of the child.

Currently, the parent of a child born through surrogacy is unable to avail of maternity leave. The parent may be able to avail of paternal leave with the consent of their employer.

No. We do not help you choose the clinic or surrogate mother.

OUR KEY STAFF

Learn more about our key staff in this area.

Breda Storey | Commercial Solicitors Dublin

Breda Storey

Breda Storey
William Clarke | Commercial Solicitors Dublin

Victor Clarke

Victor Clarke
Lisa Marie Donnelly | Commercial Solicitors Dublin

Lisa-Marie Donnelly

Lisa-Marie Donnelly

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