Surrogacy in Ireland
Surrogacy is currently unregulated in Ireland, which means that there are no predefined surrogacy laws in Ireland. Yet, if you are an intended parent, you can still get along with your plans and decisions related to surrogacy in Ireland while staying connected with a reputed surrogacy agency in Ireland like Surrogacy consultancy.
As you start through with your journey regarding surrogacy in Ireland, you must sneak through every related aspects and elements beforehand.
Understanding surrogacy laws in Ireland
As previously stated, there are presently no laws or regulations in place in Ireland addressing surrogacy. As a result, surrogacy is neither prohibited nor permitted in this region of the world. So, it is highly crucial to deal with recognized surrogacy agencies in Ireland in order to save yourself from a surrogacy agency in Ireland that operates inside a grey area network.
However, because Ireland lacks a surrogacy statute, the contract signed by the intended parents, surrogate, and surrogacy agency is not legally binding on any of the parties involved.
Hence, the parents and the surrogate mother in Ireland have to work together while showing utmost faith in each other during surrogacy in Ireland.
Legal implications around the parental rights of the born child
According to Irish family law, the legal parent and guardian of the kid remain the mother (regardless of whether it is a surrogate). As a result, regardless of the surrogacy plan or arrangement is chosen (traditional or gestational surrogacy), she retains paternal custody of the child delivered.
The surrogate mother and her partner (if she is married) would, on the other hand, be considered joint legal guardians of the born kid. Surrogacy is also legal in Ireland for local couples who can locate a surrogate mother prepared to bear a child for them.
In order to handle medical expenditures, lodging, and other elements of surrogacy in Ireland, both parties (surrogate and intended parents) are obliged to sign an agreement. However, given the lack of surrogacy legislation in Ireland, no such agreement may be legally enforced.
In addition, if the surrogate mother in Ireland is married or was married around the time of conception, her husband is deemed to be the child’s father under Irish law (unless it is proven otherwise). Section 46 of the Status of Children Act of 1987 specifies this. Along with the surrogate mother, the husband will be the child’s joint guardian. If the surrogate mother is not married; she becomes the child’s sole guardian by default.
Obtaining legal custody and guardianship of your kid
The commissioning father can seek guardianship of the kid under the Guardianship of Infants Act 1964 if he is the child’s genetic or biological father. His partner, on the other hand, does not have the right to make such an application straight away (even if she is the child’s biological mother).
Also, if the couple is married or in a civil partnership, the partner seeking guardianship or custody rights must wait for at least two years. These two years will demonstrate to the court that the parent was responsible for the child’s care on a daily basis.
The spouse who is cohabiting (living together but not married or in a civil partnership) must wait three years before asking for guardianship or custody. The surrogate mother’s position as the child’s legal mother and guardian stays unaffected during the process
Is Adoption a way for the intended parents to claim the child’s legal custody?
Alternatively, the commissioning parents might pursue the adoption of the kid to establish a legal bond with it. If the kid is to be adopted, the Adoption Authority of Ireland must be contacted. There is no certainty that a surrogate mother’s kid will be placed with the commissioning parents in this scenario.
Surrogacy laws in Ireland affirm that adoptions by private individuals are not permitted. A kid’s legal parent (the surrogate mother) cannot be compensated for placing the child for adoption.
What is the cost of surrogacy in Ireland?
Because surrogacy in Ireland is not regulated owing to a lack of law, the cost may vary depending on a list of factors like cost of surrogate mother in Ireland and associated medical costs.
However, the average cost of surrogacy in Ireland ranges from €30,000 to €150,000, depending on whether you use a sperm or egg donor in the procedure. When you include in other costs and expenses like travel, logistics, insurance, counselling services, legal documentation, and so forth, the surrogacy cost in Ireland skyrockets.
Criteria for choosing a surrogate mother in Ireland
A woman must meet the following criteria to become a surrogate mother in Ireland: – be between the ages of 25 and 47 years old, have previously carried a healthy child, have been screened and evaluated by a professional medical expert and counsellor for any physical or psychological issues and have a desire to help and assist the intended parents in their quest for parenthood
How we can help?
We at Surrogacy consultancy are a team of surrogacy professionals with years of expertise and experience in the field. We’ve further supported and guided thousands of couples in their child-seeking endeavors throughout the years.
Surrogacy in Ireland is unregulated, so you’ll need to work with a reputable surrogacy agency in Ireland that can provide you with the necessary assistance at every stage. At Surrogacy consultancy, we have partnered with some of Ireland’s leading IVF clinics and professionals to ensure that you receive the best services and support during your surrogacy journey.
To schedule a free consultation, contact one of our client coordinators today!