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| News: Legal issues arising out of Surrogacy |
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Many couples who have problems getting pregnant arrive at a point in time when they must decide whether they want to try IVF or adoption.
In-Vitro Fertilisation (IVF) is used in order to combine the egg and sperm to form an embryo. The embryo is then transferred to the uterus for gestation.
Surrogacy is a process in which a woman carries a couple’s child to term. She is not genetically related to the child.
In Surrogacy a Contract is entered into between the intended parents and the Surrogate mother and a fee is agreed upon so that the Surrogate mother must carry and deliver the baby.
| | | There are serious legal implications arising out of Surrogacy and it is imperative that a couple considering the Surrogacy option consult a Solicitor specializing in that area. At present in this jurisdiction there is no legislation in place to cover the legal issues arising.
The most common questions arising are “Who are the legal parents of a child born through Surrogacy?”
| | | | Under Irish Law the birth mother of a child born through Surrogacy is always the legal mother and the Birth Certificate of the infant will reflect same. |
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If the Surrogate mother is married, her husband is considered the legal father of the child and is registered as the father on the Birth Certificate.
If the Surrogate mother is single, then her name appears on the Birth Certificate alone. The natural father has no automatic rights of Guardianship over the child.
Many couples who are considering the Surrogacy option raise questions about their eligibility to adopt the child which has been conceived as a result of Surrogacy.
Under the domestic Adoption legislation in Ireland the following persons are only eligible to adopt:
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a) A married couple living together – this is the only circumstance where the Law permits the adoption of a child by more than one person.
Same sex couples are not therefore eligible to adopt in this jurisdiction.
b) A married person alone. In those circumstances a Spouse’s consent must be obtained unless they are legally separated.
c) A mother, father or relative of the child.
d) A Widow/Widower.
e) A Sole Applicant who does not come in within the above categories may only adopt where the Adoption Board is satisfied that it is desirable to grant such an Order. If a couple goes abroad and enters into a Surrogacy Agreement abroad, it is very important that the birth mother consents to adoption. An Application then has to be made in this jurisdiction to register the adoption with the Adoption Authority of Ireland.
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| The Supreme Court have recently had to decide in this jurisdiction on the legal implications arising out of modern reproduction technology. In one of the cases a sperm donor father of a child born into a relationship between two lesbians was given a right of access by the Supreme Court to his child. In another case involving frozen embryos where a relationship between a husband and wife had broken down, the Supreme Court noted that there was no legislation in place regarding Surrogacy Agreements or Surrogacy Laws in this jurisdiction. In light of the legal limbo in which couples planning Surrogacy find themselves, it is very important that proper legal advice is obtained before considering and entering into the Surrogacy option. |
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 For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form. |
