What should an agreement discuss?
- Independent legal advice and counselling for each party.
- Clinic, embryo and consent records.
- Communication during treatment, pregnancy and after birth.
- Medical appointments, privacy and information sharing.
- Expenses, evidence, payment timing and contingencies.
- Birth planning, hospital communication and immediate care.
- Parentage, guardianship, citizenship and document planning.
- How the child's origins and records will be preserved.
- What happens after an unsuccessful transfer, miscarriage, illness or relationship change.
Medical decisions remain with the pregnant person
An agreement should never purport to transfer control over pregnancy or clinical decisions. Consent to treatment must remain informed, voluntary and capable of being withdrawn where the applicable law permits. Discuss difficult scenarios with clinicians and counsellors rather than writing coercive instructions.
Is a surrogacy agreement enforceable?
Section 59 of the enacted Act says a surrogacy agreement would not generally be enforceable, while an obligation to reimburse qualifying reasonable expenses may be treated differently under section 58. Both sections remain uncommenced. Current enforceability and remedies require advice based on the actual facts and law in force.
Why separate solicitors matter
People entering the arrangement can have different interests even when they trust one another. Independent advice helps each person understand consent, expenses, confidentiality, parentage and dispute risks without assuming one adviser represents everyone.
International agreements
A contract prepared by a foreign agency does not by itself settle Irish parentage, guardianship, citizenship or passport questions. Obtain independent advice in Ireland and every relevant foreign jurisdiction before committing funds or treatment.
Frequently asked questions
Can we download a surrogacy agreement template?
A generic template may reveal discussion topics, but it cannot safely account for the people, clinic, embryo, jurisdictions and current law involved. It may also contain clauses that conflict with medical autonomy or Irish public policy. Use independent solicitors rather than treating a template as completed legal work.
Should the agreement cover termination or pregnancy loss?
Parties should discuss values, communication and support in difficult clinical situations, but the agreement must not pretend to control the pregnant person's medical consent. A clinician and counsellor can help the parties explore these issues respectfully.
When should advice be obtained?
Before signing provider terms, transferring an embryo or making substantial non-refundable payments. Advice should be refreshed if the route, clinic, country, relationship or law changes.
Version control and privacy
Date every draft, record who received independent advice and keep a signed copy with supporting schedules. Limit access to sensitive health, identity and financial data. Agree how records will be preserved for the child without posting private details in informal groups or shared messaging histories.
Primary sources
Source review: 31 July 2026. This is a discussion checklist, not a contract template or legal advice.