What is gestational surrogacy?

A clear explanation of the medical term, the people who may provide eggs or sperm, and the limits of the current Irish legal framework.

Short definition: in gestational surrogacy, a person carries an embryo created from an egg that is not their own. The surrogate therefore has no genetic connection through the egg.

Gestational and traditional surrogacy compared

Gestational surrogacyTraditional surrogacy
Egg usedAn intended parent's or donor's eggThe surrogate's own egg
How pregnancy beginsAn embryo is created and transferred through fertility treatmentInsemination using the surrogate's egg
Genetic connectionThe surrogate is not genetically related through the eggThe surrogate is genetically related to the child
2024 Irish Act definitionThe enacted definition is based on an egg other than the surrogate'sNot the model described as permitted surrogacy in the enacted Act

Who provides the egg and sperm?

An embryo may use an intended parent's egg and another intended parent's sperm, an intended parent's gamete and a donor gamete, or donor material where legally and clinically permitted. The genetic combination affects medical consent, donor-information rules and possible legal eligibility. It should never be inferred from the word “gestational” alone.

The medical stages

  1. Clinical assessment and counselling for everyone involved.
  2. Creation of embryos through IVF using the agreed egg and sperm sources.
  3. Preparation of the surrogate's endometrium and transfer of an embryo.
  4. Pregnancy testing, antenatal care and ordinary clinical decision-making led by the pregnant person and treating professionals.
  5. Birth and the separate legal or administrative steps that apply in the relevant jurisdictions.

Medical suitability and risks are individual clinical questions. IVF may not result in an embryo, implantation or a live birth, and more than one cycle may be discussed. This page does not provide treatment advice or success rates.

What the 2024 Act means—and does not yet mean

The Health (Assisted Human Reproduction) Act 2024 contains a definition of surrogacy based on the use of an egg other than the surrogate's. It also describes future domestic and international safeguards. The principal surrogacy provisions remain uncommenced in the official table reviewed on 31 July 2026. The definition helps explain the enacted model; it does not prove that an AHRRA approval route is open today.

Questions to ask before treatment

Primary sources

Source review: 31 July 2026. General information only; not medical or legal advice.