- There is no legislation in Ireland at the moment governing Surrogacy. This means that surrogacy contracts are not actually illegal but there is no structure to recognise or enforce them. There is therefore no established structure to recognise a childs legal status under Irish law.
- If you are considering surrogacy outside Ireland, then it is vital that you research the laws in the country you are choosing, as the legal position varies substantially. America is the most popular country couples choose to go to, as there is great legal certainty in many states in America. It is also possible that your child can travel back to Ireland with US travel documents. Other popular countries are India and Thailand. Costs also vary enormously country to country.
- Increasing and new legislation in India and Thailand prohibit surrogacy situations involving unmarried or homosexual couples.
- Currently, parents of a child born through a surrogacy arrangement must apply to the Irish courts to secure their legal standing in respect of the child. In general parents must apply to the Circuit Court for an Order for Guardianship, and in practise this is an application which is made by the particular parent who has the biological connection to the child ie. Egg/sperm donor. This can be a difficult situation for the other parent to deal with.
- Most importantly, every individual situation is different and the courts will decide each case based on the particular facts.