Surrogacy & Pathways to Parenthood
Our Surrogacy and Pathways to Parenthood team provides expert, trusted advice through every stage of your family formation journey. We partner with you to help you understand your legal options, respect and uphold the best interests and welfare of all parties, and to navigate the legal landscape with confidence.
We understand that each family’s path is unique - and our role is to guide you with clarity, confidentiality, and compassion.
Our expertise covers every aspect of your path to parenthood, including any citizenship and immigration law aspects of your case. In addition, we provide specialist advice on the recognition in Ireland of foreign adoptions. With our guidance, we help you navigate any immigration, travel and residency issues, which are often complex and multi-jurisdictional, for you and your family.
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 woman who gives birth to the child and by the DNA of the father.
In Ireland the parents of a child are legally defined as the woman 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 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.
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.
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.
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.
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.
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A Patient's Guide To Medical Negligence In Ireland
If you think you (or someone close to you) have suffered an injury due to medical negligence, please download our free guide to understand more about the options available to you.
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To assist couples interested in exploring Surrogacy we have prepared a useful guide
Surrogacy: A Route To Parenthood In Ireland
This guide is now in its sixth edition and is free to read online or download by clicking on the link below.
Your Surrogacy Team
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.
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.