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.