At birth, the surrogate is the baby’s only legal parent, guardian and custodian in Ireland.
Naming the Biological Father on Baby’s Birth certificate
When the biological father is named on the birth certificate, this establishes a presumption of paternity. This means he is legally presumed to be the baby’s father. However, this does not grant important parental rights such as guardianship or custody. Parental rights can only be established with the agreement of the surrogate, through a Court application.
Application to Court for Recognition of Parental Rights for the Biological Father
An application can be listed before the Court for the following orders:
- Declaration of Parentage, Guardianship and Sole Custody
- An Order Dispensing with the Necessity to Seek the Consent of the Surrogate to the Issuance of an Irish Passport.
These Orders establish the biological father as a parent, guardian and sole custodian of the child, along with dispensing with the necessity to seek the surrogate’s written consent for future passport application for the child throughout their minority.
These Orders are binding on the Irish State and on both parties to the proceedings.
If you have any queries with regard to paternity and the establishment of parental rights following the birth of a child through domestic surrogacy, please feel free to contact any member of our surrogacy team. We are here to help.
- Annette Hickey - ahickey@pkhl.ie
- Aileen Gittens - agittens@pkhl.ie
- Ger Fahy - gfahy@pkhl.ie
