Step 1 — Independent legal advice (both sides, separate solicitors)
The Act requires that intending parents and the surrogate each take separate, independent legal advice from their own solicitors before any agreement is signed. The intending parents typically pay both bills as part of the surrogate's reasonable expenses, but each solicitor acts only for their own client. Irish family-law firms with active AHR practices include Mason Hayes Curran, Poe Kiely Hogan Lanigan (PKHL), Beauchamps, and a small number of specialist sole practitioners.
Your solicitor's role is to explain the legal effects of the agreement, the rights you retain, the consents you give, and the parental-order route at the end. The Law Society Gazette's analysis of "permitted surrogacies" is a useful primer.
Step 2 — Counselling (both sides)
Counselling is mandatory for the surrogate and strongly recommended for intending parents. It happens before the agreement is signed; it covers expectations, communication during pregnancy, scenarios that might arise (medical complications, twins, terminations on medical grounds, post-birth contact), and the emotional preparation for handing over the child. Accredited fertility counsellors are available through Sims IVF, Beacon CARE Fertility, ReproMed, Galway Fertility, and Waterstone Clinic, among others.
Step 3 — The surrogacy agreement
The agreement is a written document, drawn up by solicitors and signed by all parties. It is not directly enforceable as a contract — Irish law does not allow a surrogate to be sued for changing her mind. Instead, the agreement sets the framework against which AHRRA approves the arrangement and against which the parental order is later granted. It typically covers:
- The identity and consent of all parties.
- Medical and antenatal arrangements.
- Communication and decision-making during pregnancy.
- Birth arrangements and post-birth contact.
- Reasonable expenses and how they will be paid.
- The intention to apply for a parental order after birth.
Step 4 — AHRRA pre-approval
Once Part 11 is commenced, the agreement and the parties must be approved by AHRRA before any embryo transfer takes place. The regulator's job is to confirm that the agreement is altruistic, that all eligibility criteria are met, that the welfare of the future child has been considered, and that all required consents and counselling have been completed. AHRRA was established on 13 October 2025 with Professor Deirdre Madden of UCC as its first chair. Application processes are not yet open as of April 2026; this is the most important development to watch for in the coming months.
Step 5 — Medical treatment and pregnancy
Embryo transfer takes place at a licensed Irish AHR centre (or, for some routes, abroad). Antenatal care is delivered through the surrogate's usual maternity service. The intending parents typically attend key scans where this has been agreed. The surrogate's autonomy over decisions about her own body during pregnancy is preserved.
Step 6 — Birth
The surrogate gives birth in her usual maternity setting. The surrogate is, in Irish law at this point, the legal mother of the child. Until the parental order issues, she has the legal status of mother and the child's birth is registered accordingly. The intending parents may be present and may take immediate care of the newborn, by agreement, but they are not yet the legal parents.
Step 7 — Post-birth consent
After a statutory waiting period — to allow time for reflection — the surrogate consents to the parental order. The Act preserves her right to withhold consent during this window. This is a deliberate feature: it protects the surrogate's autonomy and recognises that the moment after birth is unique and that prior consent given before the child existed is not the same as consent given afterwards.
Step 8 — The parental order
An application is made to the Circuit Court for a parental order under Part 12 of the Act. The court reviews the AHRRA approval, the surrogate's post-birth consent, the welfare of the child, and the agreement, and — where satisfied — issues an order transferring legal parentage from the surrogate to the intending parents. The child is from that point legally the child of the intending parents in every respect: passports, inheritance, citizenship, schooling, medical decisions.
Part 12 is the key uncommenced piece for retrospective parental orders. The Department of Health indicated commencement on 1 June 2025; that did not happen, and as of April 2026 commencement remains pending. Families with existing surrogacy-born children should track this; the amendment bill in pre-legislative scrutiny is expected to clear the path.
How long does the legal half take?
- Pre-approval (steps 1–4): 3–9 months from first solicitor consultation to AHRRA approval, once the regulator's application processes open.
- Medical and pregnancy (step 5–6): typically 9–18 months from approval to birth (allowing for cycles).
- Post-birth to parental order (steps 7–8): 3–9 months from birth to court order, depending on Circuit Court schedules.
Choosing a solicitor
The single most important professional relationship in this process is with your family-law solicitor. Look for: prior surrogacy or AHR experience, willingness to act on retrospective Part 12 cases if relevant to you, clear fee structures, and a working relationship with at least one fertility clinic. Both Mason Hayes Curran and the Law Society Gazette publish useful overviews that doubled as informal credentials checks.
Authoritative sources
- Health (Assisted Human Reproduction) Act 2024 — Number 18 of 2024.
- Gov.ie — AHRRA established (13 October 2025).
- Citizens Information — Surrogacy in Ireland.
- Surrogacy.ie deep-dive — Parental Orders, Step by Step.
Surrogacy.ie is an editorial information service. This page is general information and is not legal advice. Consult a qualified Irish family-law solicitor for advice on your own situation. Updated 27 April 2026.