Surrogacy &
Fertility Law

Domestic Surrogacy or International Surrogacy

Surrogacy is typically termed as either Domestic Surrogacy (the surrogate mother is living in and gives birth in the Irish State) or International Surrogacy (the intended parents enter into an arrangement with a surrogate mother in another country).

Because of the current legal position in Ireland, couples considering domestic surrogacy will be stepping into an unofficial and unregulated surrogacy arrangement. This is something which if not properly managed can lead to major complications for the intended parents (and the child) as many questions can arise - not least - who is the legal parent of the child?

In Ireland the parents of a child are legally defined as the women who physically gives birth to the child and by the DNA of the father.

Different countries will have different arrangements in place regarding surrogacy. Some ban surrogacy completely, whereas others permit altruistic surrogacy and not commercial. Likewise, some countries will allow both altruistic and commercial surrogacy arrangements whereas others may not allow same-sex couples to receive a child through surrogacy.

The 'unofficial' and 'unregulated' nature of domestic surrogacy in Ireland has lead to many couples exploring international surrogacy. Some countries allow international surrogacy arrangements and will have clinics and other professionals dedicated to helping foreign couples to have a child through surrogacy.

It is essential that intended parents look carefully at the surrogacy arrangements and fully understand the duties, responsibilities and obligations of all parties to the surrogacy agreements before embarking on their journey.

Take advice as early as possible so that you know what the legal requirements are and what steps you need to take in Ireland and in the country of birth throughout your surrogacy journey and after your child is born.

We would therefore advise all couples considering surrogacy to do their research on the host country, look into possible clinics to contact, look up the websites of international surrogacy organisations and draw up a list of the advantages and disadvantages of each approach. You may also be interested in our Free Checklist on the questions to ask your Surrogacy Clinic which you can find in our Surrogacy Resources Centre.