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The Minister for Justice announces the publication of guidance for Irish couples on surrogacy arrangements made abroad

The Minister for Justice, Equality and Defence announces the publication of

guidance for Irish couples on surrogacy arrangements made abroad.

The Minister for Justice, Equality and Defence, Mr Alan Shatter, T.D. today

published a Guidance Document on citizenship, parentage, guardianship and

travel document issues in relation to children born as a result of

surrogacy arrangements entered into outside the State. The Guidance

Document provides information to people who intend to enter surrogacy

arrangements outside the State on the practical and legal considerations

arising under Irish law where the commissioning parents intend to bring the

child to live with them in the State.

The steps that commissioning parents need to undertake to safeguard the

welfare of a child born outside the State through surrogacy are set out in

the Guidance Document. The Document gives information on:

- how parentage is established,

- how citizenship may be established,

- what other information is required in order for travel documents to issue

for the child where sufficient evidence of parentage and citizenship is

provided,

- the undertakings that will be required of the commissioning parents in

relation to obtaining guardianship and notifying their local health centre

of the child’s presence in the State, so that the welfare of the child is

protected.

Minister Shatter said "The purpose of this Guidance Document is to provide

information to prospective commissioning parents on the steps necessary to

ensure that a child born abroad through a surrogacy arrangement may enter

and reside in the State and to secure the best interests of the child. The

Guidance addresses the practical and legal considerations arising in

relation to surrogacy arrangements, some of which need to be dealt with

very shortly after the birth of a child.

The law relating to parenthood and guardianship rights in the context of

surrogacy is complex. I intend to develop legislative proposals in this

area in collaboration with the Department of Health, taking into account

developments in the law of other jurisdictions, and practical experience in

dealing with surrogacy cases."

The Guidance Document was developed by the Departments of Justice and

Equality, Health, Children and Youth Affairs, Foreign Affairs and Trade,

Social Protection and the Office of the Attorney General. It is available

at www.justice.ie and will also published on the websites of each relevant

Department.