The Surrogate’s Independent Lawyer must be a lawyer competent in the law of the jurisdiction where the surrogate mother is living at the time advice is obtained
It is important that intended parents, their surrogacy agency and clinic are aware before starting their surrogacy journey that the surrogate will require the services of an independent lawyer for the following:
- If an emergency travel certificate is required for the baby to return to Ireland the surrogate will be required to complete an affidavit confirming her consent to the DNA test and the issuance of the emergency travel certificate. The surrogate will receive independent legal advice from her lawyer competent in the law of the jurisdiction and where the birth takes pale. The surrogate’s independent lawyer must complete an affidavit confirming details of the legal advice that has been provided to the surrogate.
- When the family return to Ireland and commence their court proceedings the surrogate’s independent lawyer must be from the same jurisdiction where the surrogate is living when independent legal advice is obtained on the proceedings.
For example in a case where a Georgian surrogate travels to Northern Cyprus for a surrogacy programme and returns to Georgia after delivery a Georgian Lawyer competent in Georgian Law will be required to represent the surrogate and provide her with independent legal advice in relation to the Irish court proceedings.
The independent lawyer in the country of birth will not be accepted and cannot provide independent legal advice on the Irish court proceedings if the surrogate has returned to her home country.
This may be an important issue particularly if there are different regulations and eligibility requirements to pursue surrogacy in the country of birth and in the country where the surrogate is living.
We would advise that you discuss this with your surrogacy solicitor before starting your surrogacy journey.