One of the more frustrating features of the current position is that the Act families are waiting on is itself waiting on another Bill. Understanding why makes the delay comprehensible — if no less exhausting.
The Gaps It Is Intended to Close
After the 2024 Act was passed, further issues were identified that the Act as enacted did not adequately address, and proposals for amending legislation followed. The recurring themes are three. Habitual residence: the Act’s provisions contain residence requirements, and questions arose about families who were not resident in Ireland at the relevant time — a real category, given how many Irish families have lived abroad. Recognition of foreign parental orders: where a court in another jurisdiction has already made an order concerning parentage, the question of what Ireland does with it needed addressing, and the absence of a mechanism has left families holding foreign orders that achieve nothing here. Donor-assisted reproduction abroad: a formal route for people who underwent DAHR procedures outside the State to apply for a declaration of parentage in Ireland — addressing a gap that has left parents in that position without a clear path, and their children without recognition of both parents. Each of these is a real problem affecting real families, and closing them properly is a legitimate reason to legislate again rather than commence something incomplete.
Why It Delays the First Act
Because of a sequencing decision. The Department of Health has indicated, following consideration with the Office of the Attorney General, that the prospective and past international surrogacy provisions should be commenced concurrently rather than separately — on the basis that these are comprehensive and complex provisions that need to operate together. The practical effect is that the retrospective relief in Part 12, which is what most Irish surrogacy families actually need, has become linked to the passage of the amending legislation rather than being commenced on its own. There is a coherent argument for that approach: commencing a partial scheme in an area this complex can create fresh problems and fresh unfairness. There is also an entirely reasonable counter-argument, made forcefully by families and advocacy groups — that children are meanwhile growing up without legal recognition of both parents, with consequences for inheritance, medical consent and daily life, and that a perfect scheme delivered late is not obviously better than an imperfect one delivered now. Both positions are honestly held. Neither resolves what a family should do this month.
What it means for planning: treat commencement as dependent on a legislative process whose timetable nobody controls. That is a reason to secure everything available now rather than a reason to despair — and the list of what is available now is longer than most families have been told.
Wondering whether your family would fall into one of these gaps? 01 5827148.
Richard O’Shea — Solicitor & TEP
Solicitor at Mary Molloy Solicitors (established 1981) and a TEP of the Society of Trust and Estate Practitioners. The firm advises on the legal position of families formed through surrogacy and assisted reproduction — parentage, guardianship, birth registration, travel documentation, and the succession and estate planning consequences that the current gap in the law creates. This is a legal practice: it is not an agency, does not match or introduce surrogates, and takes no part in any commercial arrangement. Consultations by telephone, video or in person. 01 5827148 · richardoshea@marymolloysolicitors.com · LinkedIn
General information, not legal advice. This website contains general information about Irish law relating to surrogacy and assisted human reproduction. It is not legal advice and does not create a solicitor—client relationship. Every family’s position turns on its own facts, and advice on yours requires a consultation.
The law is changing and this page has a date. The position described across this site is stated as at 31 July 2026. The principal surrogacy provisions of the Health (Assisted Human Reproduction) Act 2024 were not commenced at that date. Commencement orders can be made at short notice and will alter this position materially. Confirm the current position before acting.
This is a legal practice, not an agency. Mary Molloy Solicitors provides legal advice and representation. It does not operate as a surrogacy agency, does not match, introduce or recruit surrogates or intending parents, does not advertise for or on behalf of any surrogate, does not recommend or receive any payment from any clinic, agency or intermediary, and takes no part in arranging or facilitating any payment beyond the provision of legal services. Nothing on this site is an offer or invitation to enter any commercial surrogacy arrangement.
Foreign law and medical matters. Where an arrangement involves another jurisdiction, the law of that jurisdiction applies to what happens there and independent legal advice must be taken locally — nothing here states or implies that any arrangement is lawful or unlawful in any other country. Nothing on this site is medical advice, and questions about treatment, suitability or risk are for your treating clinicians.
Fees. Fees are agreed in writing with the client at the outset. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Tax. Nothing on this website is tax advice. Where parentage affects succession, gift or inheritance treatment, those questions belong with your accountant or tax adviser and with Revenue’s own guidance, and should be addressed before any step is taken.