How Does Surrogacy Work in Ireland? A Step-by-Step Guide

Overview: The Surrogacy Process in Ireland Post-2024 Act

Since the Health (Assisted Human Reproduction) Act 2024 came into force, surrogacy in Ireland follows a clear, regulated process. Whether you're an intended parent or potential surrogate, understanding the steps—from initial research to legal recognition of parenthood—is essential. This guide walks you through each stage.

Step 1: Research and Decide if Surrogacy Is Right for You

This is where it all begins. Surrogacy is a significant decision that requires careful consideration of your motivations, circumstances, expectations, and emotional readiness.

For intended parents, surrogacy may be an option if you:

• Face medical infertility or health conditions preventing pregnancy
• Are a same-sex male couple or single parent seeking genetic connection to your child
• Have had multiple failed IVF attempts
• Have received medical advice that pregnancy carries significant health risks

At this stage, research the legal framework (the 2024 Act), understand the costs, consider your emotional journey, and explore whether other fertility options might suit you. This website is a good starting point, but also speak to fertility professionals, counsellors, and other families who've pursued surrogacy.

For potential surrogates, this is the time to honestly assess whether you're motivated by altruism, physically healthy enough to carry a pregnancy, emotionally ready for the experience, and comfortable with the legal and ethical framework of the 2024 Act.

Step 2: Get Independent Legal Advice (Mandatory Under the Act)

This is non-negotiable. The 2024 Act requires all intended parents and surrogates to obtain independent legal advice from a solicitor experienced in surrogacy law before proceeding.

Your solicitor will:

• Explain your rights, obligations, and responsibilities
• Clarify the parental order process and timeline
• Draft a surrogacy agreement outlining terms, expenses, and expectations
• Ensure you understand what "altruistic surrogacy" means (no payment, reasonable expenses only)
• Answer legal questions specific to your situation
• Certify to the AHRRA that you've received independent legal advice

Step 3: Counselling (Mandatory for Surrogates, Recommended for Intended Parents)

The 2024 Act makes counselling mandatory for surrogates and strongly recommended for intended parents. This isn't punishment—it's protection. Surrogacy is emotionally complex, and professional support ensures everyone is psychologically prepared.

Counselling typically covers:

• Your motivations and expectations for surrogacy
• Potential emotional challenges (grief after birth for the surrogate, anxiety during pregnancy for parents)
• Impact on relationships, family, and your support network
• Long-term considerations and how surrogacy fits into your life story
• Coping strategies and post-birth support

Your solicitor can recommend counsellors experienced in surrogacy. This is an investment in your emotional wellbeing throughout the process.

Step 4: Medical Assessments and Fertility Treatment Preparation

Both intended parents and the surrogate undergo medical assessments to ensure physical readiness.

For intended parents (if pursuing genetic connection), this includes:

• Fertility testing to assess egg/sperm quality
• Health screening
• Genetic screening (if relevant)
• Planning for IVF cycle(s)

For the surrogate, this includes:

• Comprehensive health screening
• Gynecological assessment
• Confirmation of no contraindications to pregnancy
• Psychological evaluation to confirm readiness

These assessments take several weeks to complete and are essential before moving forward.

Step 5: Finding or Matching with a Surrogate (Domestic vs. International)

This step looks different depending on whether you're pursuing domestic or international surrogacy.

Domestic surrogacy: You may find a surrogate through personal networks (a friend or relative), or work with a specialist or matching service. Once matched, you'll build relationship, discuss expectations, and ensure mutual agreement on all terms. Your solicitor will draft a formal surrogacy agreement.

International surrogacy: You work with clinics and agencies in the destination country (Ukraine, Georgia, US, Canada). This involves additional complexity around legal recognition in Ireland, which your solicitor must address.

Matching is deeply personal. Take time to ensure you're aligned on values, expectations, communication, and long-term contact after birth.

Step 6: The IVF Process

Once matched and legally prepared, the medical journey begins. An IVF cycle typically takes 4-6 weeks:

1. Intended parent(s) provide egg and/or sperm (or use donors)
2. Eggs are fertilized in the lab to create embryo(s)
3. Surrogate prepares her body hormonally for implantation
4. One or more embryos are transferred into the surrogate's uterus
5. Pregnancy test confirms success or signals need for another cycle

IVF success varies; some couples need multiple cycles. This can extend the timeline and increase costs. Your fertility clinic will discuss success rates and expectations.

Step 7: Pregnancy and Ongoing Support

Once pregnancy is confirmed, the surrogate begins regular prenatal care with her obstetrician. The intended parents stay involved as agreed—attending scans, supporting medical decisions, and maintaining emotional connection.

During pregnancy:

• Regular medical monitoring ensures surrogate and baby are healthy
• The AHRRA tracks the arrangement
• Counselling continues for all parties
• Intended parents and surrogate maintain agreed communication and support
• Birth planning begins (hospital, location, who is present, etc.)

This is a time of anticipation, hope, and sometimes anxiety. Strong communication and mutual support make this period smoother for everyone.

Step 8: Birth and Applying for a Parental Order

The baby is born, and under Irish law, the surrogate is the legal mother. However, applying for a parental order quickly establishes intended parents as legal parents.

Within 6 months of birth (usually within weeks), intended parents apply to the courts for a parental order. The application requires:

• Proof that at least one intended parent has a genetic link to the child
• Surrogate's written consent to the parental order
• Evidence that all parties received independent legal advice
• AHRRA certification that the arrangement complies with the 2024 Act
• Court assessment that the parental order serves the child's best interests

Once granted, intended parents become the legal parents. A new birth certificate is issued showing intended parents as parents. This is the legal endpoint of the surrogacy journey.

Key Takeaways

• The surrogacy process in Ireland follows 8 main steps under the 2024 Act
• Research and honest self-assessment come first
• Mandatory independent legal advice protects all parties
• Counselling is mandatory for surrogates, essential for intended parents
• Medical assessments ensure physical readiness
• Matching with a surrogate (domestic) or clinic (international) follows
• IVF and pregnancy monitoring proceed with ongoing support
• Parental orders legally establish intended parents as parents
• Total timeline is typically 12-24 months from decision to parental order