Surrogacy for Heterosexual Couples in Ireland
Intended parents looking for surrogacy for heterosexual couples in Ireland must first get familiar with the legal ramifications around it. For the start, there are presently no surrogacy regulations in Ireland so a surrogacy contract may not be legally enforceable. However, as long as you maintain contact with a reputable surrogacy clinic in Ireland like Surrogacy Consultancy, you can continue to move through with your surrogacy plans and decisions in Ireland.
Besides offering the best guidance and support on surrogacy for heterosexual couples in Ireland, our experts will be there with you during any given need or requirements during your surrogacy journey in the country.
Is surrogacy for heterosexual couples in Ireland legal?
As already mentioned, there is currently no surrogacy-related legislation or regulations in Ireland. Surrogacy is, therefore, neither illegal nor legal in this part of the world. Therefore, you can proceed with your surrogacy plans without any issues. That said, getting along with a reputable surrogacy agency in Ireland like Surrogacy consultancy can ease the procedure for you.
The agreement signed by the intended parents, surrogate, and surrogacy agency, however, is not legally binding on any of the parties involved because Ireland does not have a surrogacy statute. Therefore, during the surrogacy procedure, the parents and the surrogate mother must collaborate and have complete faith in one another. Besides, getting a better understanding of parental rights in Ireland is highly critical in the same context.
What intended parents must know about parental rights in Ireland?
- Regardless of whether the intended parents are proceeding with surrogacy for heterosexual couples in Ireland or else, the surrogate mother in Ireland will be listed as the legal mother of the born child. She thus retains paternal custody of the born kid, regardless of whether the surrogacy plan or arrangement is chosen (traditional or gestational surrogacy).
- On the other hand, the surrogate mother and her spouse (if she is married) would be regarded as joint legal guardians of the born child.
- Both the intended parents and the surrogate must sign an agreement to manage things like accommodation, medical costs, and other aspects of surrogacy in Ireland. However, no such arrangement may be enforced legally due to the absence of surrogacy laws in Ireland.
- Additionally, Irish law considers the surrogate mother’s spouse to be the child’s father if she is married or was married around the time of conception (unless it is proven otherwise). This is stated in Section 46 of the Status of Children Act of 1987. The spouse and the surrogate mother will share guardianship of the child. If the surrogate mother is single, she automatically becomes the child’s sole guardian.
- If the commissioning father is the child’s biological or genetic father, he may apply for guardianship of the child under the Guardianship of Infants Act of 1964. While she is the child’s biological mother, his partner does not have the authority to submit such an application immediately away.
- Additionally, the partner requesting guardianship or custody rights must hold off for at least two years if the couple is married or in a civil partnership. The court will be able to see from these two years that the parent was in charge of the child’s care on a daily basis.
- The cohabiting spouse must wait three years before requesting guardianship or custody if they are not already married or in a civil partnership. Throughout the procedure, the surrogate mother’s status as the child’s guardian and legal mother is unaffected.
As an alternative, the commissioning parents could try to adopt the child to create a formal relationship with it. In this case, the Irish Adoption Authority must be contacted by the intended parents. Moreover, the commissioning parents may or may not end up adopting a child from a surrogate mother in this situation.
Ireland’s surrogacy rules clearly state that private adoptions are not allowed. The surrogate mother, who is the child’s legal parent, cannot receive payment for giving the child up for adoption.
How we can help?
Being the best surrogacy agency in Ireland, we, at Surrogacy Consultancy can help you during every step of your surrogacy journey. No matter whether it’s about obtaining legal custody of the child or anything else, our legal experts will stay right up at every instance.
Connect with one of our coordinators today for a free consultation!