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