Understanding Your Rights Under the New Law
The Health (Assisted Human Reproduction) Act 2024 brings clarity, legal protections, and a clear pathway for surrogacy in Ireland. This guide helps you understand the law, your rights, and what to expect.
Connect with a SolicitorIreland's new law brings significant reforms to surrogacy, creating a legal framework that protects all parties and clarifies parentage rights.
The Act provides the first comprehensive statutory framework for surrogacy arrangements in Ireland, establishing clear legal procedures and protections.
The Authority for Assisted Human Reproduction (AHRA) oversees compliance and ensures all arrangements meet legal and ethical standards.
Clear pathways to obtain parentage orders, establishing legal parenthood for intended parents while respecting the rights and welfare of all parties.
Enhanced protections for surrogate mothers, intended parents, and children, including medical care standards and dispute resolution mechanisms.
Ireland recognizes two primary forms of surrogacy arrangements, each with distinct legal and biological considerations.
Also called "host" or "full" surrogacy. The surrogate carries a child created from the genetic material (egg and/or sperm) of the intended parent(s). The surrogate has no biological connection to the child. This is the most common form of surrogacy globally.
Also called "straight" or "genetic" surrogacy. The surrogate's own egg is used, making her the biological mother. Genetic material may come from the intended father or a donor. This form is less common in Ireland due to legal and emotional complexity.
Both surrogate and intended parents are based in Ireland, simplifying legal compliance and ongoing relationship management under Irish law.
Intended parents from Ireland use a surrogate abroad. This involves additional complexity around citizenship, immigration, and legal recognition in Ireland.
Understanding the step-by-step journey helps you prepare financially, emotionally, and legally.
Meet with a family law solicitor experienced in surrogacy to understand the process, your rights, costs, and timelines. Discuss your specific circumstances and expectations.
Both surrogate and intended parents undergo medical screening, genetic testing, and fertility assessments to ensure medical suitability and identify any health considerations.
Independent psychological counselling for all parties to ensure informed consent, emotional readiness, and understanding of the emotional journey ahead.
Work with a licensed agency or specialist to match surrogate and intended parents, ensuring compatibility, shared values, and clear mutual understanding.
Negotiate and finalize a comprehensive written agreement covering roles, expectations, financial arrangements, medical decisions, contact post-birth, and dispute resolution. Legal advice is essential.
The surrogate undergoes fertility treatment (if needed) and becomes pregnant. Regular medical monitoring ensures the health of the surrogate and developing child. Ongoing communication is critical.
After birth, the intended parents apply for a parentage order under the Health (Assisted Human Reproduction) Act 2024 to establish legal parenthood. The surrogate consents to the order.
All parties receive counselling and support as needed. The child's birth certificate is updated, citizenship is confirmed, and ongoing relationship management (if applicable) is navigated.
The Health (Assisted Human Reproduction) Act 2024 establishes key legal protections for all parties involved in surrogacy.
A parentage order is a court declaration establishing the intended parents as the legal parents of the child born through surrogacy. The order:
Transparency is essential. Below is a typical cost breakdown for domestic surrogacy in Ireland. Actual costs vary based on circumstances, medical needs, and specific arrangements.
| Cost Category | Typical Range | Notes |
|---|---|---|
| Legal Fees | €3,000–€6,000 | Solicitor's fees for agreement drafting, advice, and parentage order application |
| Medical Screening & Testing | €1,500–€3,000 | Health checks, fertility testing, genetic screening (both parties) |
| Fertility Treatment (if needed) | €4,000–€8,000 | IVF, egg retrieval, embryo creation (varies by protocol) |
| Psychological Counselling | €2,000–€4,000 | Independent assessment and ongoing support for all parties |
| Agency Fees (if applicable) | €3,000–€7,000 | Matching, coordination, support services |
| Surrogate's Medical Expenses | €4,000–€8,000 | Prenatal care, labour, delivery, postnatal care (typically covered by intended parents) |
| Surrogate Compensation | €10,000–€20,000 | Reasonable recompense for time, inconvenience, and commitment (not "payment for a child") |
| Additional Expenses | €2,000–€5,000 | Travel, accommodation, lost wages, childcare during appointments |
| Total Estimated Cost | €30,000–€61,000 | Domestic surrogacy with fertility treatment required |
Answers to the questions most people have about surrogacy in Ireland.
Yes. The Health (Assisted Human Reproduction) Act 2024 provides a comprehensive legal framework for surrogacy in Ireland. Non-commercial (altruistic) surrogacy is legally recognized, and intended parents can obtain parentage orders establishing legal rights and responsibilities. Commercial surrogacy (where the surrogate is compensated beyond reasonable expenses) was historically prohibited but is now permitted within the framework of the 2024 Act, subject to regulatory oversight.
A parentage order is a court declaration establishing the intended parents as the legal parents of a child born through surrogacy. To obtain one in Ireland under the 2024 Act, you must: (1) have a valid surrogacy agreement in place, (2) obtain the surrogate's consent (and her partner's if applicable), (3) meet the court's criteria that the order is in the child's best interests, and (4) apply to the relevant court through your solicitor. Your solicitor will guide you through the application process. The order typically takes 6–12 weeks to finalize once granted.
Yes. Many families use a family member (sister, cousin, friend) as a surrogate, which is often called "familial surrogacy." This can reduce costs, simplify relationship dynamics, and provide clarity on the surrogate's commitment. However, it requires the same legal protections, agreements, and independent counselling as any surrogacy arrangement. In fact, family relationships can add emotional complexity, so professional legal and psychological guidance is even more important. All parties must have independent legal representation.
The surrogate's right to change her mind is a fundamental legal protection. Under Irish law, the surrogate cannot irrevocably consent to a parentage order until after the birth. She has the right to decline or withdraw consent, and the courts will prioritize her welfare and the child's best interests. This is why legal agreements, psychological counselling, and ongoing support are critical. If a dispute arises, the court will determine what is in the child's best interests, which may require mediation and legal resolution. Working with experienced solicitors and counsellors helps minimize this risk through clear communication and mutual understanding.
Yes. The Health (Assisted Human Reproduction) Act 2024 does not restrict surrogacy based on marital status or sexual orientation. Single individuals, same-sex couples, and married couples of any gender combination can pursue surrogacy. Parentage orders are available to establish legal parenthood for intended parents regardless of their relationship status. However, specific eligibility criteria and any restrictions on medically assisted reproduction (such as age limits or health requirements) should be confirmed with your solicitor and fertility specialist.
Surrogates must pass medical screening to ensure they are physically capable of carrying a pregnancy safely. Typical requirements include: good overall health, no serious medical conditions, no uncontrolled mental health conditions, age typically between 21–45, and preferably previous successful pregnancies. A fertility doctor will conduct tests including blood work, ultrasound, and infectious disease screening. Genetic screening and carrier testing may also be recommended. Each clinic has specific medical criteria; your doctor will assess suitability on an individual basis.
If the child is born to an Irish surrogate in Ireland, the child is entitled to Irish citizenship regardless of the nationality of the intended parents. If the surrogate is not Irish or the birth occurs abroad, citizenship depends on the nationality of the intended parents and the laws of the country where the child is born. For international surrogacy, citizenship issues are complex and require careful legal planning. Your solicitor must ensure proper documentation and registration to secure Irish citizenship if that is your goal.
The timeline varies but typically ranges from 2–4 years from initial consultation to parentage order finalization. A rough breakdown: Initial consultation and decision-making (1–3 months), medical and psychological screening (2–4 months), matching (2–6 months), surrogacy agreement negotiation (1–2 months), fertility treatment and pregnancy (3–4 months for treatment plus 9 months gestation), birth, and parentage order (6–12 weeks after birth). International surrogacy and complicated cases may take longer. Time spent on matching and relationship-building is often longer than people expect and should not be rushed.
Experienced family law solicitors specializing in surrogacy can guide you through every step, protect your rights, and ensure compliance with Irish law. Fill out the form below to be connected with a qualified specialist.
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