Complex surrogacy rules could put families at risk of exploitation

A lack of recognition fails to respect children’s right to family life, which is contrary to the best interests of children and to principles of non-discrimination

There will be a two-step process to enable the intending parents to establish their parentage of the child: Pre-conception approval by a new regulatory authority (AHRRA) and a post-birth court process for granting of a parental order in favour of the intending parents. File Picture

The legal rules for establishing parentage of children born through surrogacy in Ireland are complex and unsatisfactory for intending parents and their children.

For an intending father of a child born through surrogacy to gain legal recognition, he must be the genetic father. This entitles him to apply for a declaration of parentage and guardianship under the Status of Children Act 1987.