Egg donation and surrogacy laws in Ireland – what should we know in 2024?

Against the backdrop of recent changes to legislation, egg donation and surrogacy laws in Ireland are in the spotlight right now. But what are the key knowledge points, for intended parents, donors and surrogates?

For the very latest, we picked up with Sam Everingham, global expert and Director at Growing Families – the industry advocates behind the upcoming Surrogacy & Donor IVF Information Day in Dublin.

Growing Families have helped thousands of single dads, mums, LGBTQ+ parents and couples tackle cross-border surrogacy and donor IVF agreements on their family-building journeys since 2010. 

Their Dublin event offers a special opportunity to delve into what’s most relevant in Ireland right now, and to get connected with providers, fellow parents, donors, and surrogates within the local community.

Taking place on Sunday 15 September 2024 at the Clayton Hotel Cardiff Lane, it’s a must-do if you’re looking into egg donation and surrogacy to build your family, and are keen to make sure you’re up to speed. Ready to book tickets? Get yours here. 

Now, over to Sam for the 2024 mini-guide to egg donation and surrogacy updates in Ireland. 

Donating eggs in Ireland, at a glance

Is egg donation legal in Ireland?

Yes, egg donation is legal in Ireland. However, it is less commonly undertaken given the country’s small population. 

Instead, many women opt to travel to donate their eggs in European countries which allow anonymous donations. 

These include Spain, Cyprus, Greece and the Czech Republic.

What about having donor egg IVF in Ireland?

Donor egg IVF in Ireland is readily available through well-established clinics. 

All donor egg programs must be non-anonymous by law, and donated eggs would usually come from family or friends. 

Some clinics have imported frozen eggs from banks overseas in the past, but intended parents generally find it cheaper and easier to make a short trip to mainland Europe to have IVF treatment in locations which have access to larger, more diverse donor pools.

These destinations include Spain and Cyprus, as well as Portugal and Denmark.

Surrogacy in Ireland, at a glance

How does surrogacy work in Ireland? 

Until recently, Ireland has had no laws in place to support surrogacy arrangements. Instead, existing laws have been borrowed to recognise the genetic father. 

Irish mothers via surrogacy have had to wait years before being able to adopt their own child in an expensive court process. 

Very recently, the Irish authorities have, after years of delay, passed laws to make surrogacy  legal and allow parentage to be retrospectively recognised for both domestic and international arrangements

So, is surrogacy legal in Ireland? 

Ireland’s new laws will allow for the recognition of parentage in past surrogacy arrangements under certain circumstances. Unfortunately, a significant number of Irish families will still be excluded because they do not meet these conditions.

For future arrangements, Ireland has declared that intended parents and the prospective surrogate will have to apply to a regulatory body for pre-approval. 

Such arrangements will need to be altruistic in nature and counselling will be mandatory prior to approval.

What should we know about the new surrogacy laws in Ireland?

Ireland’s new surrogacy laws, set out under the Assisted Human Reproduction (AHR) Bill, have in part been signed into effect in the summer of 2024.

These new laws mean that legal parentage will only be granted in cases where the arrangement occurred in Ireland or other ‘prescribed’ jurisdictions which have been pre-approved. Such jurisdictions may include Canada.

Not all of the legislation has yet been passed and it remains unclear when and if this will occur, particularly if the government changes. It is also uncertain when the new Regulatory Authority will be established. Typically such bodies take at least a year to set up. Once in operation, it will have the power to pre-approve surrogacy arrangements for Irish citizens engaging domestically or abroad.

Given the majority of surrogacy undertaken is with surrogates compensated above expenses, most arrangements will not be approved by the new Regulatory authority. The new laws have failed to acknowledge the unworkable nature of the new rules. The new laws even apply penalties to parents who engage in surrogacy which fails to meet these requirements.

In reality, it is unlikely such penalties will be enforced. Other jurisdictions which have implemented penalties for engaging in ‘non-compliant’ surrogacy have shown themselves completely unwilling to police such draconian laws.

It is a shame that after so many years of deliberation, the Irish authorities have come up with laws that are so unworkable. It appears that, instead, most Irish citizens will be forced to rely on the current status quo.

Find your path forward, at the Dublin Surrogacy & Donor IVF Information Day

Get access to…

• Expert-led sessions – Gain knowledge from specialists on various topics, including surrogacy and egg donor options, medical considerations, and legal frameworks.
• Interactive panels – Engage with recent Irish parents via domestic and international surrogacy through ‘Ask Me Anything’ panels, and connect with experts from around the globe for personalised consultations.
• Networking opportunities – Meet and network with potential donors, surrogates, young surrogacy-conceived adults and Irish counsellors, all in the Dublin community.

With ticket prices for intended parents at the €30 mark, this event offers an affordable and unique opportunity to get in the know, and explore diverse pathways to parenthood in Ireland.

Find more about what to expect here, and book your tickets to reserve your spot here.