Frequently Asked Questions
Yes, surrogacy is legal in Ireland; however, it is currently unregulated, meaning there is no specific legislation governing surrogacy arrangements.
Altruistic surrogacy involves a surrogate mother who carries a child without receiving payment beyond reasonable expenses, while commercial surrogacy includes financial compensation to the surrogate, which is prohibited in Ireland.
Under Irish law, the birth mother (the surrogate) is considered the legal mother of the child, regardless of genetic connection.
Intended parents can apply for parental orders or guardianship to obtain legal rights; however, the process can be complex due to the lack of specific surrogacy legislation.
International surrogacy arrangements are not explicitly regulated, leading to potential legal challenges in establishing parentage and citizenship for the child.
Reasonable expenses may include medical costs, travel, and other pregnancy-related expenses incurred by the surrogate; however, these must be verifiable and not constitute payment beyond actual costs.
Yes, the Health (Assisted Human Reproduction) Act 2024 has been enacted, introducing regulations for surrogacy, including provisions for international arrangements.
Under the new legislation, a woman may act as a surrogate only if she has previously given birth to a child, is at least 25 years old, and meets other specified criteria.
The Health (Assisted Human Reproduction) Act 2024 provides a framework for recognizing certain international surrogacy arrangements, aiming to offer legal clarity for intended parents.
Intended parents should seek expert legal advice to understand the implications, ensure compliance with Irish law, and navigate the complexities of surrogacy arrangements.