Surrogacy Law and Regulation in Ireland

New Developments in Surrogacy Law

Ireland has recently passed landmark legislation regulating surrogacy as part of the The Health (Assisted Human Reproduction) Act 2024
 
This is the first time the country has introduced a comprehensive legal framework for both domestic and international surrogacy arrangements.
 
Here are some key highlights:
 
Legal Clarity for International Arrangements

• The legislation aims to provide clear guidelines for Irish citizens engaging in international surrogacy processes, addressing issues related to legal parentage and recognition upon return to Ireland
• Legal Recognition and Parental Rights
• Intended parents, including those whose children were already born via surrogacy, can now apply to the High Court for parental orders to secure legal parentage.
• The law ensures that both the surrogate and the intended parents receive independent legal advice, counselling, and support before entering into an agreement.

 
Oversight and Regulations

• There are new provisions for oversight to prevent exploitation or questionable practices in international surrogacy, ensuring that agreements align with Irish ethical standards
  
• The legislation seeks to address potential exploitation by establishing criteria that intended parents must meet prior to entering into international surrogacy agreements
• A new body, the Assisted Human Reproduction Regulatory Authority (AHRRA), has been established to license fertility clinics and oversee all assisted reproduction procedures.
• The AHRRA will also manage a National Surrogacy Register and a National Donor Conceived Person Register, ensuring transparency and access to origin information for children born through assisted reproduction.

 
Best Interest of the Child
The new law emphasizes the best interests of the child in international surrogacy arrangements and aims to provide a framework that prioritizes their welfare.
 
Support for Intended Parents
The legislation is designed to offer resources and advice for intended parents considering international surrogacy, helping them navigate complex legal and ethical landscapes
 
Compliance with Irish Law
The new rules include conditions that establish the requirement for surrogacy arrangements abroad to comply with both the laws of the foreign jurisdiction and Irish legal standards. This helps promote ethical practices and protect the rights of all parties involved
 
Ethical Standards

Ireland is now the first country to legislate a framework that incorporates the Verona Principles, international guidelines promoting ethical surrogacy in the best interests of the child.

This legislation marks a major shift in Irish family law, aiming to protect the rights and responsibilities of everyone involved in a surrogacy journey. It’s been described as a long-overdue step toward legal clarity and emotional security for many families.

If you need advise on the legal issues arising from surrogacy, contact Sharon McElligott, Solicitor at [email protected] or phone on 012303266