She can offer legal advice on all aspects of this emerging, cutting edge and complex area of law, including, but not limited, to advice on fertility treatment IVF , surrogacy, donor conception, paternity, stem cell research and related matters. Fiona Duffy has extensive knowledge and in depth experience on all aspects of fertility law and related areas. She works closely with lawyers acting in other jurisdictions where surrogacy is permitted. Assisted Human Reproduction is not specifically regulated in Ireland. The Irish Medical Council, the body responsible for the regulation of registered doctors in Ireland is charged with producing a Guide to Professional Conduct and Ethics for Registered Medical Practitioners on a regular basis. The latest guide 8th is dated 17 th May This guide provides guidance to doctors on their professional conduct and ethics in all areas of medicine including Assisted Human Reproduction. Click here to view the Guide. Their main purpose is to regulate activities concerning and consisting of the donation, procurement, testing, processing, preservation and storage for distribution of tissues or cells for human applications.
What is surrogacy?
General Legal Advice on Surrogacy:
For many in Ireland, meeting someone, falling in love and getting married is closely followed by thoughts of settling down and starting a family. With almost 65, births a year at first glance it would appear that the thought of having a family is alive and well in Ireland and without major complication. If a couple has really set their heart on starting a family, the desire will be strong and when complications arise it can leave them with a genuine sense of loss no matter the circumstances.
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Our client has a child born in a third country by gestational surrogacy, conceived by in vitro fertilisation with ova from an anonymous donor. Subject to a current appeal before the Supreme Court, the position in Irish law is that the surrogate is regarded as the mother despite having no genetic link to the child. Furthermore, the surrogate's husband is assumed in Irish law to be the father of the child despite having no genetic or biological link. This raises issues as to guardianship, consent for medical procedures, inheritance, nationality and so forth.
No, we cannot help you find a surrogate mother. Neither will we advise on the contract if any you draw up between you and the surrogate mother. However, once you have found one and she has been inseminated, we will be happy to help you sort out the legalities of getting the baby to Ireland and getting the legal relationships between you and the child sorted out. However, it should be noted that we will only advise on Irish law, and not the law of the country of birth.