Surrogacy for LGBT Couples in Ireland
There are lots of points to ponder as a person thinks of getting started with surrogacy for LGBT couples in Ireland. Firstly, there are no surrogacy regulations in Ireland i.e. surrogacy is neither permitted nor banned.
Secondly, the surrogate mother in Ireland would hold as the legal parent of the child born via surrogacy for LGBT couples in Ireland.
Understanding legal complications related to surrogacy for LGBT couples in Ireland
The Children and Families Act of 2015 gave same-sex parents and those who are contemplating parenthood some new rights. This includes giving non-biological parents the ability to file for guardianship if they are married, in a civil partnership, or live together and have been raising the child for longer than two years. The Act also gave civil partners and roommates the ability to file for adoption.
On May 4, 2020, provisions in the 2015 Act will go into effect, allowing some female non-birth parents to be recognized as their children’s legal parents. In other words, female same-sex parents who meet these requirements will be eligible to be listed as the parents of their kids on the birth certificate.
Key Terms related to Surrogacy for LGBT couples in Ireland
A parent’s rights and obligations for their child or children are collectively referred to as guardianship. During surrogacy in Ireland, the surrogate mother also becomes the legal mother of the born child. A spouse, civil partner, or cohabitant (who must have lived with the other parent for more than three years) may apply for guardianship if they have shared parenting responsibilities for the child for more than two years, according to provisions introduced by the Children and Family Relationship Act of 2015. The District Court must receive the application from the intended parents in the same regard.
Assisted Human Reproduction services
Although the Government has released a draft law titled the General Scheme for Assisted Human Reproduction 2017, which will regulate this field once the Bill is passed, there is no legislation controlling AHR in Ireland.
More surrogacy clinics in Ireland have started offering their services to same-sex female couples in recent years, but it’s unclear whether they can do so legally until the rules are in place. Moreover, we have partnered with some of the best surrogacy clinics in Ireland that do offer all the supportive care services in the same regard.
Surrogacy for LGBT couples in Ireland
Although there is no surrogacy legislation in Ireland, the General Scheme of Assisted Human Reproduction 2017 does maintain measures to bring limited surrogacy to the country. It will take some time for this legislation to become law because it is still in the early stages of debate.
The Department of Justice and Equality has released incredibly helpful guidelines regarding citizenship, parentage, guardianship, and travel document issues in relation to children born as a result of surrogacy arrangements entered into outside the state for those couples who have or plan to undertake surrogacy abroad.
The Children and Family Relationship Act 2015 now allows married, civilly partnered, or cohabiting couples to petition to adopt a child jointly thanks to provisions included by the Adoption Amendment Act of 2017. Additionally, a single applicant may submit an application for adoption.
How can we help?
At Surrogacy Consultancy, we would offer you all the support and assistance required during your journey related to surrogacy for LGBT couples in Ireland. To make it easier and simpler for you, we have further partnered with some of the best clinics and agencies in the country.
Connect with one of our coordinators today for a free consultation!