Poe Kiely Hogan Lanigan

Fertility Law Ireland

Important Note: we do not accept any form of referral fees from any Clinic, Agency or any other party. Poe Kiely Hogan Lanigan is not commercially aligned to any clinic or agency, we do not refer clients and we do not accept referral fees from any party in any circumstances.

An Introduction To Surrogacy

For many the process of meeting someone and starting a family is a relatively straight-forward process. For others it can be a long, difficult and emotional process.

The Surrogacy & Fertility law team at Poe Kiely Hogan Lanigan understands these issues and the concerns which prospective parents will have as they embark upon their journey through Surrogacy.

Over the years the team has assisted many different couples in a sensitive and confidential manner as they begin their quest to start a family of their own.


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 unregulated surrogacy arrangement.

In Ireland the parents of a child are legally defined as the women who 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 legal status of surrogacy varies from country to country. There can be surrogacy legislation in the country which includes provisions that surrogacy arrangements must comply with to be legal. There can be surrogacy legislation which prohibits surrogacy. In the absence of legislation there can be regulation, case law or it can be unregulated.

The 'unregulated' nature of domestic surrogacy in Ireland has lead to many couples exploring international surrogacy.

It is essential that intended parents look carefully at the surrogacy arrangements and fully understand the duties, responsibilities and obligations of the intended parents, their legal advisors in Ireland, their legal advisors in the country of birth, the agency and the clinic.

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 advise anyone considering surrogacy to research the legal status of surrogacy in the country of birth and also in the country of habitual residence of their surrogate. We would advise intending parents to contact the Department of Foreign Affairs and review their travel advisory for that country. Clarify with the Department of Foreign Affairs if there is an Irish Embassy or an Honorary Consul in the country of birth and what, if any, are the visa requirements for that country.

It is also important that intending parents discuss with their clinic aspects such as, whether or not they are regulated, how long is the clinic established, is the clinic regulated/accredited, who is the Doctor that will be looking after their surrogate, who is the medical team and what communication will you have with them.

With regard to the agencies, it is important to establish where is the registered office of the agency, who is the agency representative in the country of birth, what is their payment schedule, how can you ensure that the surrogate’s expenses are transferred directly to her, how do you ensure the surrogate is taken care of and being properly looked after..

We appreciate and understand that the costs of international surrogacy are significant. These costs will include the fees to the clinic and agency, the surrogate mother's fees and/or expenses, travel costs, accommodation costs, medical insurance, legal fees in the country of birth, DNA test fees and Irish legal fees.

The more research you do at the start, the more questions you ask, the more information you get about these costs will ensure that intended parents have a clear and more definite financial budget of exactly what the entire surrogacy journey is going to cost them and avoid any unanticipated costs that they were not aware of before they started the journey.

Key Points When Considering
International Surrogacy

Research your Clinic


Look beyond the clinic website in order to ascertain that there are no issues/problems regarding compliance with the laws in that jurisdiction.


Search to see if there have been any problems/issues with the clinic in the past and try to find out if the clinic is represented in general surrogacy articles in that country.


Join online forums/ WhatsApp groups and speak with couples who have recently dealt with the clinic you are considering. Learn about other experiences and make sure the clinic's website reflects the experiences of these couples.


Make sure you know what you are paying for. Do not be tempted by less expensive fees as it may end up costing you more in the long run.

Contact Your Irish Solicitor

Our Surrogacy & Fertility law team is more than happy to chat to any couple interested in exploring surrogacy.

Before you sign any contracts get in touch with your solicitor in Ireland so that they can discuss the surrogacy process, share their experiences with you and offer their guidance and assistance.

Contact Surrogacy Support Groups

Irish Families Through Surrogacy
Email: irishfamiliesthroughsurrogacy@gmail.com
Instagram: @ifts

Irish Gay Dads
Instagram: @irishgaydads

National Infertility Support Information Group
Website: www.nisig.com
Email: nisigireland@gmail.com
Instagram: @nisig_ireland

Why Do You Need A Solicitor?

Once you have decided to explore Surrogacy as an option, you may be asking the question, "Why do I need a Solicitor to have a child through Surrogacy?" This question is completely understandable, however, it is important to engage with a solicitor as early in the process as possible for several important reasons:

  • 1

    To advise on the procedure and documents required by the Department of Foreign Affairs to issue an emergency travel certificate to allow you travel home to Ireland with your baby.

  • 2

    To advise on the surrogacy provisions in the Assisted Human Reproduction Legislation.

  • 3

    To advise on the Irish Court process and the procedure required to follow in order to apply for Parental Orders for intended parents.

Whilst the issues and steps involved are quite complex, if you have engaged an experienced Surrogacy Solicitor, they will be able to guide you and keep you right as you navigate your way through the process.

What People Say

The best decision we ever made was to proceed with surrogacy, the second best was working with Annette, Ger and all at Poe Kiely Hogan Lanigan Solicitors.

Recent Surrogacy Clients

When we first began seeking legal advice around International Surrogacy, we spoke to a number of legal firms and researched the various family law providers as much as we could. The day we had our first encounter with Annette Hickey at PKHL was in essence, the day that we as a family decided that we would now be equipped to face that journey together. Read More

Brian and Kathy Egan

We only have positive things to say about all the help and assistance you provided us both. From the very start of the process we felt that no question was too small and that we could contact either of you, by phone or email to discuss any small concerns we had. Read More

Recent Surrogacy Clients

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.

Recent Surrogacy Clients

Our journey through surrogacy was made so much easier thanks to Poe Kiely Hogan Lanigan Solicitors.The first time we met Annette and Ger I felt so much support and understanding that my mind was instantly put at ease. Read More

Keith and Cathy Wheatley

We can’t thank Annette enough for all her hard work and assistance. From the very start Annette made us feel comfortable on our surrogacy journey. Highly recommend Annette and team to couples starting their journey. Read More

Stephen and Theresa

Why Us?

  • Dedicated surrogacy team with upwards of 10 years experience.
  • Updating our surrogacy resources and information via email, our website and Instagram pages.
  • Legal advice and support available seven days a week.
  • Continuously updating our clients throughout their Irish Court process.
  • Ensuring that our clients’ court applications are completed as quickly and efficiently as possible.

Surrogacy can be a complex area with many different rules depending on the Countries involved and the decisions you make can lead to various legal implications.

You can be assured, however, that the team at Poe Kiely Hogan Lanigan has extensive experience advising Irish couples considering surrogacy, however, we also recognise that at the end of the day, no matter the paperwork and legislation involved, it is all about people, both parents and the child, and we therefore adopt an empathetic and compassionate approach in all that we do.

Please Get In Touch

If you would like to talk to us about Surrogacy and the options available to you, please fill in the form below to arrange a no obligation, introductory consultation

Yes, I am interested in finding out more about Surrogacy in Ireland
My name is and you can email me at You can also call me if necessary on

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