Rights for children born through surrogacy
In Ireland, mothers of children born through surrogacy have no right over their children. Families have called on the government to pass legislation to regulate this area. While the government has said that it is a priority for them a spokesperson has stated that no definitive timeline for the publication of such legislation.
Cathy and Keith Wheatley have twins born through surrogacy. Cathy had been pregnant before but when she was 7 months pregnant she suffered from a ruptured uterus. Cathy was unable to carry another child and the couple sought a surrogate abroad in Ukraine. Keith has guardianship of his children as he is recognised as the biological father. Cathy however is not recognised as the children’s legal mother.
Cathy would be able to apply for guardianship after 2 years. Another option for parents is step-parent adoption. The process takes 2 years as the couple would need to be assessed by Tusla and their application would need to be determined by the Adoption Authority.
RTÉ filed a Freedom of Information request with the Adoption Authority. In response, the Adoption Authority stated that it has not processed any adoption application in regards to surrogacy as there was no legislation on surrogacy and Donor Assisted Human Reproduction. The Assisted Human Reproduction Bill which seeks to regulate some aspects of surrogacy would only apply to surrogacy conducted entirely in Ireland.
Unlike Ireland surrogacy is regulated in Ukraine. For a woman to be a surrogate she must be at least 18 years, be married, and have given birth to at least one child. Potential surrogates receive a full health screening and are monitored throughout the entire pregnancy. The clinics in Ukraine are licensed by the Ministry of Health. In Ukraine, the Irish parents are placed on the birth certificate however the mother’s status changes once in Ireland as the birth mother is viewed as the legal mother.