Orders Made In Surrogacy Case

Surrogacy is a modern phenomenon which raises complex issues of law.

Our client has a child born in a third country by gestational surrogacy, conceived by in vitro fertilisation with ova from an anonymous donor.

Subject to a current appeal before the Supreme Court, the position in Irish law is that the surrogate is regarded as the mother despite having no genetic link to the child. Furthermore, the surrogate's husband is assumed in Irish law to be the father of the child despite having no genetic or biological link. This raises issues as to guardianship, consent for medical procedures, inheritance, nationality and so forth.

To solve some of these issues, this week we obtained a declaration of parentage and an order dispensing with the surrogate's consent in the Circuit Court. This will enable our client to make all decisions regarding the welfare of the child without recourse to the surrogate mother.

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McGrath McGrane Solicitors

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