Finding a Surrogate in Ireland: The Process Explained

Due to the growing demand for assisted reproductive techniques as a solution to infertility, reproductive medical science has had to advance very rapidly in recent years. Surrogacy, while not being the easiest option, is usually the last recourse for couples who want to have a child with a biological link to them. Couples considering finding a surrogate in Ireland would need the process explained. 

Surrogacy is the process where a woman who is referred to as the surrogate agrees to carry and bear a child for a single parent or a couple referred to as intended parents who are not able to carry and bear children. There are two types of surrogacy that are generally practised, they are:

Gestational surrogacy 

This type of surrogacy is the most practised and popular. In this form, the embryo is created in the lab by combining the egg and sperm that are obtained from the intended parents. They can also be obtained from donors. The embryo then undergoes some tests in the lab and is also grown for a few days, after which it is transferred to the uterus of the surrogate. The surrogate then carries the baby to term, delivers and hands it over to the intended parents. Gestational surrogacy is preferred because the embryo does not have any biological or genetic relationship with the surrogate, owing to the method of its conception. However, this form of surrogacy is more complicated and also more expensive than the other form.

Traditional surrogacy

This type of surrogacy is where the surrogate is impregnated via artificial insemination or intrauterine sperm injection. This ensures that the surrogate’s egg plays a part in the pregnancy. The sperm is gotten either from the intended parents or via donation. The surrogate then carries the baby to term, delivers and then hands the baby over to the intended parents. There is a genetic relationship between the surrogate and the baby in this form of surrogacy. This is the reason why it is not popular, even though it is less expensive and more straightforward than the gestational form of surrogacy.

Finding a Surrogate in Ireland

It is not uncommon for family members or friends to offer to help a couple by becoming their surrogate. However, in the absence of that, a couple can consult with fertility agencies or clinics that offer such advice or services to help them. There are some important criteria that a person looking for a surrogate must be aware of, they include:

• The surrogate must have independent legal advice for the surrogacy procedure and agreement
• They must be between the ages of 25-39
• They must have had children before the surrogacy treatment
• They must not be alcoholics
• They should quit smoking before becoming surrogates
• They must not be addicted to any hard or recreational drugs
• They must be healthy physically and psychologically before entering into a surrogacy treatment

What is a surrogacy agreement?

A surrogacy agreement is a formal contract stating how the intended parents and the surrogate want the surrogacy proceedings to work. It provides clarity and ensures that they have a mutual understanding of their respective commitments. However, this surrogacy agreement is not enforceable in Ireland and the intended parents would need to apply for a parental order from the courts, in order to become the legal parents of the child.

What is a parental order?

A parental order is a document that ensures that the intended parents are the legal parents of a baby, permanently removing the legal parenthood of the surrogate and their spouse if there are any. The birth of the child is usually registered again once the order has been made, with the original birth certificate sealed. It usually only becomes accessible to the child after they attain adulthood. The court proceedings for a parental order can take between 4 and 12 months before they are concluded, requiring one or more court hearings. 

The surrogate remains the legal parent of the child till that parental order is made. The surrogate’s consent is also required in the making of the parental order. While there is usually a worry on the part of the intended parents that the surrogate may change her mind before the parental order is made, the chances of that occurring are usually very low. The surrogate herself is usually worried about being stranded with the baby if the intended parents change their minds or if there is a change in the circumstances.

Conditions for Granting a Parental Order

One or both of the intended parents must be related to the baby before a parental order can be made, otherwise, they must file for adoption instead. The parental order is usually lifelong. The court must also be satisfied with the following conditions when assessing a parental order application:

• All parties are resident in Ireland or the UK
• The intended parents are older than 18 years of age
• One or both of the intended parents must be related genetically to the child
• The child must have been conceived via artificial insemination or embryo transfer and was delivered by the surrogate
• The intended parents live as an established family unit, are married or live as civil partners
• The application is made to the court within six months of the child being born
• The baby must have lived with the intended parents before the application is made

Is it legal to pay surrogates in Ireland?

The payment of surrogates for the service rendered is not illegal in Ireland despite popular beliefs. However, these payments will need to be authorized by the court during the parental order application. These most especially concern the payments that have been made which are over and above the reasonable expenses that she must have incurred in the course of the pregnancy and delivery. Since there are no set definitions of these reasonable expenses, the responsibility falls on the court to interpret and state what the reasonable expenses are, and these are determined on an individual case-by-case basis.