A Guardian has the legal responsibility to perform duties for a child and to make major long-term decisions in relation to a child’s upbringing, welfare, education, religious, and medical needs, for example, decisions on schooling, medical treatment, and whether a child should be taken out of the country.

If you are a guardian, your consent is required for these important decisions in your child’s life; if you are not a guardian, your consent is not required.

Guardianship ends when a child reaches 18 years old. A parent remains a parent for life. All parents who are not already automatic guardians, have the right to apply for guardianship; however, all guardians are not parents of a child.

Application to become a Guardian: An application can be brought before the Irish Courts to be appointed a guardian of a child born via surrogacy where at the date of the application to the Court, the Applicant:

1. (a) is married to, or in a civil partnership with, a parent of the child; or (b) has been for over 3 years a co-habitant of a parent of the child and
2. has shared with that parent, responsibility for the child’s day-to-day care for a period of more than two years.

Both surrogate and the biological father/parent must be put on notice of this application. Both surrogate and the biological father/parent’s consent to this application must be provided to the court before the application will be granted. (*The Court may make an order dispensing with the consent of a parent/guardian of the child in certain circumstances). A guardianship order can usually only be made by the Irish Courts if the child is habitually resident in the State.

The Court application can be listed in District Court or in the High Court by re-entering the declaration of parentage proceedings. Different rules and timeframes apply depending on the court in which the application is made.

If you have any questions or queries with regard to this information note or with regard to guardianship applications generally, please do not hesitate to get in contact with any member of our surrogacy and pathways to parenthood team. We would be delighted to assist you.