This week, Ireland’s Cabinet gave the green light to continue drafting legislation aimed at regulating surrogacy and assisted reproduction. The proposed Bill for Assisted Human Reproduction and Stem Cell Research will cover surrogacy, embryo donation, gamete donation, and related research areas. The legislation’s purpose is to “safeguard the welfare, safety and best interests of children, bring certainty to the area for potential parents, and provide guidance on what is permitted in terms of research.” Presently, Irish common law and legislation (such as the Status of Children Act of 1987 and the Civil Registration Act of 2004) do not address surrogacy.
The approval to draft Ireland’s first set of laws regarding assisted reproduction comes in the wake of a recent Supreme Court ruling. In late 2014, Ireland’s Supreme Court reversed a landmark decision that established legal parentage in the genetic mother. The case involved twins born to a gestational surrogate. The embryos were created using the genetic material of both intended parents. The Supreme Court overturned the High Court’s determination that the genetic mother is the legal mother, and ruled that the birth mother (the surrogate) is the children’s legal mother. In its opinion, the Supreme Court noted the minimal guidance provided by Irish law in regard to surrogacy arrangements, and emphasized the need for legislation to address such issues.
Ireland is following the model set forth by countries that permit and regulate altruistic (non-commercial) surrogacy, such as Canada, Australia, and the United Kingdom. The legislation will ban commercial surrogacy, but will permit reimbursement for “reasonable expenses.” According to Ireland’s Minister for Health, Leo Varadkar, the proposed bill will also include a mechanism for transferring legal parentage from the surrogate to the intended parents.
The attorneys of Harden Jackson Law are devoted to servicing clients throughout the Indianapolis area and the state of Indiana in all areas family law, including divorce, custody, child support, property division, paternity, post-divorce modifications, prenuptial and postnuptial agreements, simple wills, adoption, surrogacy and other areas of assisted reproductive technology law. For more information, please contact us at 317.569.0770 or www.hardenjacksonlaw.com.
Remember, these blog posts are not meant to be legal advice. You should consult a family law attorney to discuss the specifics of your situation.
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