What does altruistic surrogacy mean?
In ordinary usage, altruistic surrogacy means that a surrogate is not paid a profit or fee for carrying a pregnancy. Necessary expenses may still arise, including medical, travel, accommodation, counselling, legal and income-loss costs. The label alone does not determine whether a payment is lawful or reasonable.
How is it different from commercial surrogacy?
A commercial arrangement involves payment, reward or profit beyond properly justified expenses. The enacted Irish framework prohibits commercial surrogacy and sets out categories of reasonable expenses, but those provisions are not yet commenced. Cross-border arrangements must also comply with the law of every relevant jurisdiction.
Expenses need evidence
Use a written budget, receipts, dates and a clear reason for each reimbursement. Avoid round-sum allowances that cannot be connected to an actual cost. Separate the surrogate's expenses from clinic, legal, counselling, travel and provider fees paid to others.
Altruistic does not remove safeguards
- The surrogate retains bodily and medical autonomy.
- Each party should receive independent legal advice.
- Counselling should explore consent, expectations and long-term contact.
- Medical suitability belongs to qualified clinicians.
- No one should promise legal parentage, a child or a successful pregnancy.
Questions to ask before paying anything
Who receives the payment? What service or expense does it cover? Is it refundable? Is there a receipt and written policy? Has an Irish solicitor reviewed the proposal under current law? For international arrangements, has independent local advice confirmed the same facts?
Frequently asked questions
Can an altruistic surrogate receive expenses?
Altruistic arrangements can include reimbursement of genuine costs. Whether a particular amount is lawful, reasonable or recoverable depends on current law and the facts. The detailed categories in section 58 describe the future framework and should not be treated as a live expense approval.
Is lost income an expense?
The enacted section 58 includes limited net income loss within its future categories. Because it is uncommenced, do not assume its limits currently authorise a payment. Record the calculation and obtain advice before agreeing reimbursement.
Can a family member be a surrogate?
A relationship between the parties does not remove the need for medical screening, independent advice, counselling and clear consent. It can add family-pressure and boundary issues that deserve careful discussion.
Build an audit trail
Use a shared expense policy that explains who approves costs, what evidence is required, how quickly reimbursement occurs and how disagreements are handled. Retain receipts without circulating unnecessary medical or financial data. Review the plan when circumstances change rather than improvising large payments.
Source review: 31 July 2026. This page does not approve a payment or arrangement.