At present, the legal status and rights of all involved are governed by legislation dealing with non-surrogate births and children.
A law firm is calling on government to legislate for surrogacy.
At present, there is no legislation to cover the legal issues arising from surrogacy.
The legal status and rights of all involved are governed by legislation dealing with non-surrogate births and children.
The surrogate mother is considered the legal mother of the child and the child’s guardian, because she has given birth to the child even if she is not the biological mother of the child.
After 2 years the partner, if married or a civil partner, could seek to be appointed guardian or to have custody rights by virtue of having had day-to-day responsibility for the care of the child.
If co-habitating, there must be 3 years of day-to-day responsibility before an application can be made. This has no impact on the surrogate’s status as the child’s legal mother and guardian.
Annette Hickey is a Head of the Surrogacy and Fertility Law Team at Poe, Kiely Hogan and Lanigan Solicitors.
Many couples go to Ukraine, where surrogacy laws enable no legal relationship between the surrogate and the baby.
Speaking to Kildare Today, she says problems for many Irish couples whose babies have been born to surrogate women in Ukraine begin when they return with their newborn.
Annette Hickey joined Clem Ryan on Friday's edition of the programme.
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