Tuesday, 19 November 2013

surrogacy law in relation to Ireland

The Irish Govt. Intends to modernise Ireland’s “substantially outdated” laws on the care and upbringing of children during 2014.
The proposed laws will also cover the legal status of children in civil partnerships, surrogacy arrangements and assisted human reproduction.
According to a recent briefing note published by the Department of Justice, the Bill will provide for a “contemporary legal architecture on guardianship, custody, access and the upbringing of children in diverse family forms”.
This will include married families, families that rely on the care of children by relatives, families based on cohabiting couples and civil partnerships.
The department says that there is a growing concern around the practice of commercial surrogacy in Ireland and the use of international commercial surrogacy by Irish people.
This has “very serious implications” for the birth registration of children in Ireland, as well as concerns relating to the possible exploitation of people involved in the arrangements.
A number of cases related to surrogacy have already made their way to the Irish courts with the Supreme Court to hear another early next year.
When enacted, the Bill will permit non-commercial surrogacy arrangements. At the same time, it will prohibit people or agencies from advertising surrogacy services. It will also be illegal to try and persuade a woman to act as a surrogate.
Under the legislation, it will be an offence for a person to receive payment for making or facilitating a surrogacy or advertising surrogacy arrangements.
The reimbursement of “reasonable” surrogacy costs, including medical bills, travel, accommodation and loss of earnings, can only be enforced where an arrangement was put in place before conceptions.
The laws will mean that parentage of a child can be legally assigned by the court on the basis of genetic connection to one of the intending parents and the spouse, civil partner or cohabiting partner of that person.
The consent of any surrogate will be essential. If that consent is not given, she will be the legal mother of the child if she does not consent to the application.
Parentage can be declared by the court when the child is born in the State or the alleged parent ordinarily resides here.
The bill will oblige parties to an arrangement to obtain legal advice before conception.