Surrogacy for singles in Ireland

Even though surrogacy for single men in Ireland is not illegal, the arrangement would not be enforceable as per law. Therefore, if a single man agrees to a surrogacy plan with a surrogate, she isn’t legally liable to go by its rules of it.

However, there are additional complications related to leaving that nation and the baby’s citizenship when employing a surrogate abroad. According to Irish law, the mother of the kid is the woman who gives birth. If she is not married, then she alone is the child’s legal parent and guardian.

If she is married, the child’s legal father is assumed to be the woman’s husband. It is possible to refute the assumption. To prove that the biological or commissioning father is the child’s father, DNA proof will be needed. Additionally, the husband shares guardianship of the child.

The biological/commissioning mother cannot have her parentage declared, although the commissioning father seeking surrogacy for singles in Ireland can. An Irish couple put this to the test by conceiving twins after implanting embryos made from her eggs and his sperm into her sister, who served as the surrogate mother.

• Despite the fact that the genetic parents’ DNA evidence was acknowledged, the mother is always right—in refusing to change the birth register.
• In 2013, the High Court ruled in favour of the couple, but the State successfully appealed to the Supreme Court. The Chief Justice, Mrs Justice Susan Denham, stated that the legislative branch, not the courts, should deal with the difficulties in the case during single parent surrogacy in Ireland.
• On the other side, a female intended parent has a new legal option as of January 18th of this year in reference to Section 4 of the 2015 Family and Relationships Act. There is now a clause that “allows a person, other than a parent, to seek for guardianship, if certain circumstances are achieved,”
• The individual in question must have been living with the parent of the involved child for more than three years or be married to or in a civil partnership with that parent. Additionally, for more than two years, the applicant and the child’s parent must have shared parental responsibility for the child’s day-to-day upbringing.
• When those times have passed, the commissioning mother who employed a surrogate will be eligible to file for guardianship.
• All guardians must provide their consent, although the court has the authority to waive this requirement if doing so is in the child’s best interest.
• However, for a couple employing a surrogate abroad, these concerns come later because their first priority is bringing the child home. The surrogate’s residence and the biological father’s nationality will determine how this is accomplished.