There are currently no surrogacy-related legal requirements in Ireland. It is neither authorized nor forbidden. Due to ethical concerns about human trafficking, Irish law forbids commercial surrogacy, in which the surrogate mother is paid.

Altruistic surrogacy is permitted in Ireland, though. A close friend who wants to support the couple’s attempt at conception is serving as the surrogate mother in Ireland in this case. The cost of surrogate mother in Ireland might be paid through an unofficial agreement to cover some reasonable costs.

It is important to realize that, despite the possibility of a genetic relationship between the commissioning parents and the child, this does not necessarily make them the child’s legal parents under Irish law. Before the commissioning parents can be granted parental rights under Irish laws, they must first overcome a barrier.

Even if she uses her own eggs and can prove a genetic connection to the child, it does not confer any legal parental rights on the commissioning woman in Ireland. This premise was thoroughly established in the case of MR v. An t-rd-Chláraitheoir [2014] 3 IR 533. Adoption is the only means by which the intended mother can legally adopt the child.

The spouse of the surrogate mother is recognized by Irish law as the child’s lawful father. The commissioning father must file the following legal petitions with the Irish Courts to establish parental rights if the surrogate mother is not married and he is genetically related to the child:

• Declaration of parentage—the court will require DNA evidence to support this.
• Because the surrogate mother Ireland automatically has guardianship, she has been appointed as a joint guardian.
• Court order—the consent of the surrogate mother may be disregarded by the court upon request.