Same-sex surrogacy in Ireland

Options for Gay surrogacy in Ireland: Same-sex parenting

Providing the option of LGBT surrogacy in Ireland

There are lots of points to ponder as a person thinks of getting started with surrogacy for LGBT couples in Ireland. Firstly, there are no surrogacy regulations in Ireland i.e. surrogacy is neither permitted nor banned.

Secondly, a surrogate for LGBT couples in Ireland would hold as the legal parent of the child born via surrogacy. If you are looking for surrogacy for gay couples in Ireland and want to have a child there are four options:

Surrogacy (a legally sanctioned arrangement when a woman agrees to carry a child for another person or people who will take custody of the kid after birth)
Fostering (placement of a child in care is arranged by a social services organisation or the government)
adoption (legal adoptions permanently transfer from the biological parent or parents all rights, obligations, and filiation)
Co-parenting (an agreement made with a couple or single woman to have a child together)

Understanding legal complications related to Same-sex surrogacy in Ireland

The Children and Families Act of 2015 gave same-sex parents and those who are contemplating parenthood some new rights. Gay surrogacy in Ireland includes giving non-biological parents the ability to file for guardianship if they are married, in a civil partnership, or live together and have been raising the child for longer than two years. The Act also gave civil partners and roommates the ability to file for adoption.

On May 4, 2020, provisions in the 2015 Act will go into effect, allowing some female non-birth parents to be recognized as their children’s legal parents. In other words, female same-sex parents who meet these requirements will be eligible to be listed as the parents of their kids on the birth certificate.

Key Terms related to surrogacy for Gay couples in Ireland

Guardianship

During surrogacy for LGBT couples in Ireland, parents’ rights and obligations for their child or children are collectively referred to as guardianship. During surrogacy in Ireland, the surrogate mother also becomes the legal mother of the born child. A spouse, civil partner, or cohabitant (who must have lived with the other parent for more than three years) may apply for guardianship if they have shared parenting responsibilities for the child for more than two years, according to provisions introduced by the Children and Family Relationship Act of 2015. The District Court must receive the application from the intended parents in the same regard.

Assisted Human Reproduction services

Although the Government has released a draft law titled the General Scheme for Assisted Human Reproduction 2017, which will regulate this field once the Bill is passed, there is no legislation controlling AHR in Ireland.

Surrogacy in Ireland has started offering their services to same-sex female couples in recent years, but it’s unclear whether they can do so legally until the rules are in place. Moreover, we have partnered with some of the best surrogacy clinics in Ireland that do offer all the supportive care services in the same regard.

Adoption

The Children and Family Relationship Act 2015 now allows married, civilly partnered, or cohabiting couples to petition to adopt a child jointly thanks to provisions included by the Adoption Amendment Act of 2017. Additionally, a single applicant may submit an application for adoption.

Surrogacy Abroad

Although there is no surrogacy legislation in Ireland, the General Scheme of Assisted Human Reproduction 2017 does maintain measures to bring limited surrogacy to the country. It will take some time for this legislation to become law because it is still in the early stages of debate.

Irish couples can travel to countries such as Greece, the UK and the USA where surrogacy is legal and (for some) a lucrative practice. There are International surrogacy agencies that facilitate surrogacy arrangements. In addition to surrogacy costs in Ireland through an agency, there are other costs to consider, such as travel expenses, medical costs, insurance, legal fees and accommodation.

How can we help?

At Surrogacy Consultancy, we would offer you all the support and assistance required during your journey related to LGBT surrogacy in Ireland. To make it easier and simpler for you, we have further partnered with some of the best clinics and agencies in the country.

Connect with one of our coordinators today for a consultation!