Law on Surrogacy in Ireland

 In Fertility

Shortly it should be a thing of the past to say – “there is no law in Ireland governing Assisted Human Reproduction and surrogacy.”  On the 5th November 2013 the Department of Justice and Equality issued a briefing note on the Children and Family Relationships Bill 2013 which is expected to be published before year end.

This is indeed wonderful news, even if it has taken eight years since the commission on assisted human reproduction reported in 2005 to get this far.

The proposed legislation will be in the context of family relationships and will only deal with the law on assisted human reproduction in so far as it relates to surrogacy.

It is proposed to permit non-commercial surrogacy arrangements in this jurisdiction.  It is also proposed that the legislation will set out a framework for assigning parentage in circumstances where a child has been born as a result of a surrogacy arrangement, and one of the intending parents is the genetic parent of that child.

As in other jurisdictions it is proposed that payment for surrogacy, other than payment or reimbursement of reasonable costs associated with the pregnancy, will be prohibited.  It is also proposed that surrogacy arrangements will not be enforceable.

It remains to be seen when the Bill is published whether this proposed legislation will only benefit those entering into surrogacy arrangements in the future, or whether it might have retrospective effect for the benefit of children already born through surrogacy and their parents.

Should you wish to read more click on the link to the Department of Justice and Equality – and Family Relationships Bill 2013 141113.pdf/Files/Children and Family Relationships Bill 2013 141113.pdf

If you need any advice please contact Fiona Duffy, Solicitor –

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