From questions of parentage to legal changes – what’s new for surrogacy in Ireland?

Surrogacy Ireland news, explained

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

But what are the key knowledge points, for intended parents and surrogates alike?

We sat down with experts Tracy Horan, Solicitor and Surrogacy & Fertility Law expert, and Sam Everingham, Founder of Growing Families – the industry advocates that have helped thousands tackle their international surrogacy journeys since 2010.

Watch as we cover

• The legislation that’s in place for ART in Ireland, right now
• The latest surrogacy Ireland news, including the partial passing of the Assisted Human Reproduction (AHR) Bill 2022
• The key changes for surrogate families as a result of AHR Bill

We’ll also chat through:

• What does the bill mean for those doing surrogacy in Ireland?
• When should the legislation come into effect in full?
• What about those who already have children via surrogacy?
• And lots more

If you are planning your surrogacy journey or looking to learn more about Ireland,  the Growing Families Surrogacy & Donor IVF Information Day in Dublin offers a special opportunity to delve into what’s most relevant 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.

Want to hear more from the experts at Growing Families? Read this next: Egg donation and surrogacy laws in Ireland – what should we know in 2024?

Transcript

Eloise Edington

Hello, welcome back, everyone. I have just been chatting with Sam Everingham, founder of Growing Families Surrogacy Agency. We are talking all about surrogacy in Ireland, and we are being joined today by Tracy Horan, an expert and fertility surrogacy lawyer from Dublin, Ireland. 

She’s just having problems connecting, so please bear with us today. Let’s hope that this works. We are talking about surrogacy in Ireland, being joined by Sam Everingham, founder of Growing Families Surrogacy Agency, and also Tracy Horan. Hello, welcome.

Welcome to those who are joining. 

Tracy Horan

Hey, Sam, how are you?

Eloise Edington

Hello, welcome back. We’ve done it! The three of us are here together—fantastic. So, Tracy, Sam and I have just been chatting. We’ve introduced the Growing Families Surrogacy Agency, talked a little about surrogacy in Ireland and Growing Families’ upcoming event. But if you could, please introduce yourself and your expertise in the surrogacy and fertility law world.

Tracy Horan

I’m a solicitor in Dublin, and I’ve been involved in surrogacy for 15 years. Sam has been great throughout the years. Back in the day in Ireland, we used to go to London for his conferences because there was nowhere in Ireland where people were talking about surrogacy. But it has grown so much over the years; there’s a lot happening here in Ireland now. I’ve been involved with cases all over the world. I think I’ve done surrogacy in every jurisdiction you can do it in and have more or less seen it all at this stage.

Eloise Edington

Fantastic. It would be great to ask you about the legislation in place for surrogacy in Ireland at the moment.

Tracy Horan

At the moment, unfortunately, there’s no legislation whatsoever. However, there is legislation that has been through our Parliament and will be enacted, we believe, in October, which will deal with surrogacy. It will cover both domestic and international surrogacy. The legislation is very much based on UK legislation, so it’s a huge document that focuses on domestic altruistic surrogacy. 

In relation to commercial surrogacy, we haven’t fine-tuned that yet, but we hope that will be in the amended bill. Currently, there are expected to be certain jurisdictions approved in countries where we can go. However, it’s more geared toward altruistic surrogacy, such as Canadian surrogacy, which is entirely altruistic. The whole ethos of the legislation is for altruistic, ethical surrogacy that is open and transparent, which is the priority for the legislature and those involved in surrogacy.

Eloise Edington

For those doing surrogacy, who is the legal parent or guardian?

Tracy Horan

At this moment in time, if you came into my office and were going through surrogacy, the position is that the person who gives birth to the child is the legal guardian. If she is married, then her husband is presumed to be as well, though this is rebutted by DNA. Usually, it’s the intended father’s DNA that rebuts it. We then make applications in the Irish court for a declaration of parentage to grant full rights to the commissioning father. Unfortunately, as of today, the commissioning mother has no rights whatsoever until the child is two years of age. It’s very unfortunate, but that’s what the position is.

Eloise Edington

It’s incredible that to this day this is still the case, isn’t it? Even with how many advances there have been in family building and the different scenarios in family building.

Tracy Horan

Exactly, and what a family is— a traditional family is no longer just Mom and Dad. We’ve moved on so much. Unfortunately, the legislation coming in will not cover same-sex couples, specifically female same-sex couples. Unfortunately, more amendments will have to be made to this legislation, but it’s been so difficult to get where we are now. At least we are moving forward here in this jurisdiction.

Eloise Edington

When couples or solo parents by choice come to you to start this process, are they surprised when you tell them this is the scenario? Is it something that people are educated on?

Tracy Horan

Well, over the years, here in Ireland, we’ve been doing it a long time now. Even fifteen years ago, very few people were embarking on surrogacy here in Ireland, whereas now you’d be amazed at the number of surrogacy arrangements and the number of kids born through surrogacy. 

What has developed over the years, despite no specific legislation, is impressive. We have a well-put-together legislation that does deal with it and has worked to date to get parental orders for the father and then recognize the mother, which has worked. So, there’s really nothing to be frightened about when you’re embarking on surrogacy here in Ireland. It’s worked extremely well.  

Eloise Edington

It’s reassuring to hear. Anything to add, Sam?

Sam Everingham

I was just going to ask Tracy, what do you think will happen during this interim period in Ireland, while things are still changing? Will people still be engaging in overseas jurisdictions?

Tracy Horan

That’s a very good question Sam. My advice to people considering surrogacy at this time—if you’re on the fence—is that you should enter surrogacy agreements now and get your transfers done as soon as possible. This is because we really have no idea when this legislation will be passed and enacted.

When it is, we’ll have a whole new process and landscape, which we don’t fully know yet how it will work in real terms. So, if you’re considering it, I’d recommend going for it now if you can.

Sam Everingham

I understand the new legislation is talking about having a regulatory body that has to pre-approve the surrogate before you start, so they need to give it a stamp of approval.

Tracy Horan

Yes, you’re exactly right. It will be similar to adoption, where parents go before adoption boards and are vetted. The surrogate mother and the surrogacy agreement would go through similar approval by a regulatory body, which would make the final decision on whether or not you can go to whatever jurisdiction you are considering. Whether this is a good thing or not remains to be seen. 

Eloise Edington

It may make the process a little more complicated and long-winded.  

Tracy Horan

Yes, I agree. It’s likely to make it more difficult.  

Eloise Edington

What about those who already have children via surrogacy in Ireland?

Tracy Horan

In relation to surrogacy, the bill is not going to negatively affect people who have already had children. It will not do anything negative, it will actually provide retrospective recognition, which is a fantastic step forward. So, for anyone who has entered surrogacy or had a baby to date, there are no negative consequences.

Eloise Edington

Where do Irish singles and couples typically go for surrogacy in Ireland?

Tracy Horan

The Irish community, we all follow each other. India was a major destination until it closed, then we all went to Ukraine which worked very well, but now that’s closed. What I see at the moment, is a huge amount going to Cyprus and Georgia, and for those with the finances, Canada and the U.S.

Eloise Edington

You just mentioned different countries that people are going to. Since The Ribbon Box has been opened, within our community over these six years I have seen changes during that time. With changes in destinations, what would your advice be for those looking into surrogacy in terms of starting points?

Tracy Horan

I spend hours with clients discussing this. The landscape of surrogacy can change overnight. Don’t go searching for a country that you think is going to be cheaper, or that no one has been to. My advice is not to reinvent the wheel. Go to trusted providers and countries where we’ve had a lot of success and embrace those places, but be cautious with what you are doing.

Eloise Edington

Sam, anything to add? This is why you’re holding such fantastic events—to educate people on the process and support them from start to finish. What would your advice be, and can you tell us again about the event since we got cut off at the last live?

Sam Everingham

My advice is to talk to other parents and experts like Tracy and myself who have managed these journeys for years because they require a lot of upfront knowledge. There’s a long track record of Irish people engaging in this process, but it’s important to understand the journey, finances, and support needed. 

We ensure people hear from surrogates and parents at these events, so they come away with a much better understanding of how things will work, and there’s much more transparency about the price rather than it being a black box and people not knowing what they’re going into. We don’t want people taking big risks, so tried and trusted routes are important for the Irish community. This is what we are all about is sharing those stories.

Eloise Edington

For people who want to find out more about the September event, please follow the link in our bio to book a spot.

Tracy, anything to add?

Tracy Horan

I look forward to seeing everyone at the event in Dublin. I spend hours sharing my knowledge, so take as much advice as possible when you embark on this journey.

Eloise Edington

Absolutely. I think it’s wonderful that these options exist, including donor conception. I have five children via sperm donor conception, including two sets of twins, so I know the process well. For anyone who has questions about donor conception, we’re always here to help. Third-party reproduction holds a very special place in my heart, as I know it does in yours, Sam. Thank you very much for chatting with me.

Thank you both so much for this conversation. Apologies for the technical difficulties at the beginning, but this has been very educational. Please follow the link in our bio to learn more and register for the event in September.

Tracy Horan

Thank you. 

Sam Everingham

It’s good to talk to you. Thank you, bye.