By Annette Hickey

Applications For Declaration of Parentage, Guardianship & Custody For Biological Father In High Court

Surrogacy - Applications for a Declaration of ParentageApplications for Declarations of Parentage, Guardianship and Custody for the biological father of a child born through surrogacy are ruled each month before the Surrogacy High Court list.  

The Surrogacy High Court list takes place on the third Friday of each month.  It is a virtual/remote Court list which facilitates the attendance of parents at the hearing of the ruling of their application from their home (together with baby if they choose) and the family do not have to travel to Dublin for an in person physical Court hearing.  In our experience, these applications before the High Court can proceed very efficiently.  

Our firm’s objective is to work towards the ruling of an application before the High Court within three to a maximum of four months from the first date that the application was listed.  

The parties to the application will be the biological father, the second parent, the baby, the surrogate, her husband if she is married and the Chief State Solicitors Office representing Ireland and the Attorney General.  The Court proceedings are served on the Chief State Solicitors Office, the surrogate, her husband if she is married and both of their independent lawyers.  The surrogate and her husband if married must provide their consent through a notarized Affidavit together with an Affidavit confirming explanation of Court proceedings and the application before the Irish Court from their independent lawyers being filed with the High Court Central Office.

We have listed all of our applications for declarations of parentage, guardianship and custody for children born through surrogacy before the High Court for the last five years.  

If you have any questions or queries regarding the Court application as described above, please do not hesitate to contact us.

Written By Annette Hickey

Annette has exclusively practised family law in the litigation department for the past 10 years and heads up the firm's Surrogacy & Fertility law team.

She is highly respected and regarded for her expertise and knowledge of fertility law, surrogacy and same-sex family matters. Diligent, thorough and empathetic, Annette brings a wealth of experience, sensitivity and understanding to our team.

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Our Dedicated Surrogacy & Fertility Law Team

"Annette, Ger and her team were the calm oasis of advice, encouragement and legal clarity that helped us at every crucial stage, to realise our dream of bringing our precious baby home. The energy, pace and sense of urgency with which Annette drove our case for completion through the courts was breathtaking and we will forever be grateful for her support in safely guiding our family from our dream of becoming parents again to the reality holding baby in our arms."

Brian and Kathy Egan - Surrogacy & Fertility Law