Hello, my partner and I are Irish and we’re considering surrogacy in the USA… It’s not allowed in our country and the conditions in the UK do not fit our expectations very well (we don’t want to run the risk of the surrogate deciding to keep the baby in the end). Anyway, I’m especially interested in learning about international laws about surrogacy… Are we protected in some way by an international law? Like the WHO or something like that… We don’t know too much about this treatment. Just want to make sure that we & our baby will be safe. Thank you Wearesurrogacy!10/08/2017 at 08:17
Thanks for posting in our forum!
First of all, under Irish law, it is quite difficult for them to become parents via surrogacy in a foreign country, even if it’s the USA, because the Irish law will recognise the surrogate as the legal mother of the child once you return to Ireland with your baby. This issue has been decided in a Supreme Court in November 2014. Under Irish law, family relationships and the rights and responsibilities derived from them cannot be transferred to another person. In other words, the surrogate and the child will have a life-long legal relationship with each other.
As for the legal father, if the surrogate mother is married, her husband will be considered the legal father and guardian of the child. However, if the intended father provides DNA evidence, he can be recognised as the legal and biological father after applying for parentage and guardianship. This requires an application for a declaration of parentage, as well as an application for a guardianship order, to be made to the Circuit Court under Part VI of the Status of Children Act 1987. If the surrogate is not married, DNA evidence is required as well, though the process will be easier and faster.
As for the child’s entitlement to Irish citizenship and an Irish passport, it is determined in reference to the Irish Nationality and Citizenship Act 1956 as amended, and the Passports Act 2008. For a passport to be issued to a child born outside Ireland, it is necessary to establish that the child was born to an Irish parent. This means that, either the biological father or the surrogate must be Irish citizens.
So, in short, even though surrogacy is possible for Irish citizens, it is not easy for the reasons explained above, mainly because you will not be recognized as the legal mother.
I hope I have been able to help,
Best wishes10/09/2017 at 09:17
Oh my it sounds complicated..But that’s good you continue to seek for the answers. If you turn to professionals for help, your surrogacy professional will work closely with you to ensure you have met all screening requirements and are ready to move on the process. For prospective intended parents at this stage in the process, you will begin creating your surrogacy plan. Which is an outline of your goals and preferences for your surrogacy process. You will create your surrogacy plan by considering: The type of surrogacy you’d like to pursue. Whether you need donor sperm or eggs. Whether you know a surrogate or will need matching services. Whether you will work with an agency throughout the surrogacy process. If so, which surrogacy agency you will use. Your goals for surrogacy. Once you have determined the type of surrogacy you’d like to pursue and have selected either a surrogacy agency or attorney, you will then begin to complete the screening process to meet your agency’s qualifications for intended parents, which may include a home assessment, criminal and child abuse records checks and more. After you have been screened and approved by your surrogacy agency, you will be ready to begin the journey of finding a surrogate mother, if necessary. This is not the easiest way though. You should get well prepared physically, emotionally, financially. But as soon as you make this first step – you’ll know you got the stone rolling. and that one day your baby will be placed into your hands. Good luck.06/20/2019 at 09:29
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