New Government Guidelines For Irish Couples On Surrogacy Arrangements Made Abroad

The long awaited publication of guidance for Irish couples entering into surrogacy arrangements abroad has been issued by the Department of Justice, Equality and Defence.  The guidelines set out in broad terms the law relating to citizenship, parentage and guardianship in this jurisdiction.  Of most concern to people travelling abroad to have a child through surrogacy is being able to get the child born through such an arrangement into this jurisdiction.

The guidelines, in Section 3, set out the circumstances in which an emergency travel certificate may issue.  As a pre-requisite to the issue of an ETC, DNA evidence from a satisfactory source must be provided, which demonstrates that the commissioning father is the genetic father of the child thus supporting the child’s claim to irish citizenship.

The guidelines provide for the methodology to be followed in carrying out DNA tests.  Specifically it must be done by an independent laboratory.  Instead of specifying, as they do in the UK, which laboratories will be acceptable, the guidelines require the commissioning couple to consult with the Irish passport service in advance.  In addition an Affidavit must be obtained from the person taking the samples.  This, in our view, will delay the process further.

Below please find a link to the press release issued by the Department of Justice and Equality on the 21st February 2012.  Also please find below a link to the guidance document.

The Minister for Justice, Equality and Defence announces the publication of guidance for Irish couples on surrogacy arrangements made abroad
http://www.justice.ie/en/JELR/Pages/PR12000035

Citizenship, parentage, guardianship and travel document issues in relation to children born as a result of surrogacy arrangements entered into outside the state.
www.justice.ie/en/JELR/20120221%20Guidance%20Document.pdf/Files/20120221%20Guidance%20Document.pdf