Families read in July 2024 that surrogacy had been regulated in Ireland, and reasonably concluded the wait was over. It was not, and the reason is a piece of legal machinery most people have no reason to know about: an Act being passed and an Act being in force are different events.
Signed, and Not Yet in Force
When the Oireachtas passes a Bill and the President signs it, it becomes an Act — it exists as law. But most substantial Acts do not take effect all at once. Instead they contain a provision allowing the relevant Minister to bring different Parts and sections into operation on different days, by commencement order — a statutory instrument, signed by the Minister, specifying what comes into force and when. Until that order is made for a given provision, that provision is law in the sense that it is on the statute book and not law in the sense that anyone can use it. There are sound reasons for the mechanism: complex legislation may need regulators established, systems built, rules drafted and staff recruited before it can function. The 2024 Act is a good example — its surrogacy scheme depends on approval by a regulator that had to be created from nothing. The consequence for families is nonetheless stark: a right described in an uncommenced provision is not a right you have. The parental order in Part 12 exists on paper and cannot be applied for.
What Changes on the Day — and What Does Not
When commencement happens for the relevant Parts, the practical picture changes considerably: an approval route opens for new arrangements, and, for past arrangements, a court application for a parental order becomes possible for families meeting the conditions — residence requirements, and a genetic link to at least one intending parent. What will not change on that day is equally worth knowing. Commencement is not retrospective in its effect on your legal status: it does not automatically make anyone a parent, it opens a door you then have to walk through with an application, evidence and, critically, the surrogate’s consent. Nothing happens to your family automatically. Which produces the practical point this whole site keeps returning to: the families who will move quickly when the day comes are the ones who have already established their current status, kept their documents, and maintained contact with their surrogate. None of that requires the Act.
How to check for yourself: the Irish Statute Book publishes, for each Act, the commencement orders made under it. That table is the authoritative answer to “is this in force?” — and it is worth checking rather than relying on any website, including this one, if some time has passed.
Wondering what applies to your family today? 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.