Ireland proposes legislative changes to provide legal certainty for international surrogacy

One of the most significant changes under the proposal is the creation of a formal legal process for Irish residents who have undergone DAHR procedures abroad. This will allow these parents to apply for a declaration of parentage in Ireland, ensuring their legal status as parents of children born through such procedures.

Dorian Rees, an expert in corporate transactions in the fertility sector at Pinsent Masons, said: “This is a critical step for families who face legal uncertainties when returning to Ireland after having children through DAHR abroad.”

The proposed changes are set out in the General Scheme of the Health (Assisted Human Reproduction) (Amendment) Bill 2024. Once passed, it will amend the Health (Assisted Human Reproduction) Act 2024, which was passed in July 2024. Although the 2024 Act has introduced clear legal frameworks for both domestic and international surrogacy arrangements, which was already a groundbreaking step in regulating assisted reproductive technologies in Ireland, Rees noted that certain aspects required further clarification, particularly concerning international DAHR and surrogacy procedures.

Another important update in the Bill is focused on protecting the rights of donor-conceived children. The amended law will require that identifying information about donors be recorded and made accessible to the child upon reaching the age of 16. “This provision is aimed at safeguarding the child’s right to know their genetic origins, a right that is increasingly recognised as vital in discussions around assisted reproduction,” said Helen Sparrow, also of Pinsent Masons.

The proposed amendments also address the legal recognition of parentage for Irish citizens living abroad who have undergone DAHR or surrogacy in other countries. This is so that families who have children through these procedures outside of Ireland can have their parentage recognised under Irish law.

Similarly, the Bill will pave the way for securing Irish citizenship for children born through international DAHR or surrogacy arrangements. The updated law will offer families legal recognition of their children as Irish citizens, resolving concerns regarding nationality and the status of these children under Irish law.

“These are significant changes. They represent a continuation of Ireland’s efforts to modernise its family law, particularly in the area of assisted reproduction. By providing clear legal pathways for parentage and protecting the rights of donor-conceived children, including those who are born through surrogacy abroad, the new legislation addresses key gaps that have been the subject of advocacy for several years,” said Rees.

The Bill goes further to provide protection to surrogate mothers, safeguarding them from exploitation and human trafficking. These protections are designed to prevent the commercialisation and exploitation of surrogacy, ensuring that the process is regulated with the best interests of all parties involved, especially the child and surrogate mother.

The drafting of the Bill is ongoing. While it has been prioritised by the Oireachtas, further technical details are being worked out to ensure that the amendments are both inclusive and robust. “It reflects a broader move towards progressive policies that address the evolving landscape of family formation in Ireland,” said Sparrow.