Because Ireland does not have any laws governing surrogacy Ireland, many Irish couples who use this form of assisted reproduction travel to other countries where it is legal: the United States, Canada, and Ukraine. In jurisdictions where surrogacy is regulated and practiced, the intended parents of children born through such arrangements are recognized as legitimate parents.
This rule stops applying as soon as they return home to Ireland—and all proposed versions of the Surrogacy Act do not appear to change this. Under Irish law, a surrogate mother is considered the legitimate mother of her child. The intended parent(s), whose egg was used to form the embryo and who has/have paid for its implantation into another woman’s womb, is not recognized as being that child’s legitimate parents under Irish law
The Children and Family Relations Act 2015 recognizes a mother as the caretaker of her baby only if the court has acknowledged this, at least two years after the child’s birth. However, custody is only a legal concept that provides for someone with parental responsibility over a child. It ends when one turns 18. In an international surrogacy scenario—where the prospective father may be recognized as the parent and caretaker of the child born to his surrogate — this means that he still has legal rights. However, he must also be the child’s biological father.
Irish law moved only reluctantly toward recognizing LGBT rights, passing the Thirty-Fourth Amendment of the Constitution in 2015 to legalize same-sex marriage and declaring it equal to heterosexual unions. It is recommended that homosexual couples using surrogacy services involve two women: one woman to donate eggs and the other to carry the child. This is because according to Irish law if the surrogate mother is biologically related to the child, she will be officially recognized as the mother.
A gestational carrier, however, only has a role in the physical process of delivering the child. In such cases, it is possible that the prospective father could claim parental authority over his genetic link to a child born through this method.
However, when separating this link, the role of the sperm donor will be limited to that of the carrier. In such a case, the prospective father may seek to claim parental authority over his genetic connection to the child by claiming paternity rights through blood testing and adoption procedures.
Legalizing gay surrogacy in Ireland would make the journey simpler for everybody and remove high legal costs. Thus, straight men can afford this option; however, female couples are forced to seek solutions elsewhere. In Ireland (and many other countries), a mother cannot be recognized by DNA evidence if her egg was not used in conception—regardless of whether she is biologically related to the child or isn’t legally recognized as its parent at all
This approach simplifies the path to surrogacy in Ireland legally, but it also increases the costs. Unfortunately, this option is only available to men; gay women are forced to look for other solutions. In Ireland, mothers cannot be recognized through DNA evidence, even if her own egg was used.
In countries such as Colombia and Mexico, where the cost of medical and legal procedures is notably affordable, government attitudes towards surrogacy are quite supportive.
Surrogacy Agency In Ireland: Why is it so important?
This is why potential parents should use a Surrogacy Agency In Ireland when they decide to go through the surrogacy process. They will be able to enjoy every part of it without encountering any difficulties on their own.
Surrogate pregnancy is a complex process, and for Irish couples trying to undertake it on their own, the challenges can be overwhelming. Finding a surrogate mother from abroad also comes with legal complications that add time and expense to an already costly endeavor.
The resolution of these issues requires additional costs, but the central part is the clinic services and IVF procedure—which both require a large amount of money. Overall prices range from €30,000 to 150,000 depending on where you live. Here is the Surrogacy Cost In Ireland.
Commonly, agencies’ comprehensive packages include:
Such a surrogate agreement helps to bring down six-figure price tags to affordable prices.
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