| Sperm donors, Surrogacy, Adoption and Co-Parenting laws in Ireland |
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Legislation in United Kingdom United States Canada New Zealand South Africa AustraliaIreland lays far behind the UK regarding assisted reproduction laws and LGTB parenting rights. Artificial insemination and other fertility services are performed by private clinics. No sperm bank in Ireland is capacitated to collect sperm donations and private clinics import gametes mostly from Danish and UK sperm donors. Known sperm donation though is permitted if free. Surrogacy is tolerated, but, like adoption not possible for same sex couples, only for married couples and individuals. Same sex parenting is not recognized and coparenting rights are inexistant.Donor Conception (embryo, egg and sperm donation) in Ireland |
General | Assisted human reproduction services are not provided by the Irish public health system. Artificial insemination and IVF are available at private clinics and guided by the Irish Medical Council, but there is no law at this date that protects, controlls or regulates egg or sperm donor conception in Ireland. | Fertility Treatment / Citizen information Ireland: citizensinformation.ie |
Assisted Reproductive technology (artificial insemination, IVF, etc.) | No legislation prevent unmarried couples from accessing fertility services, yet some clinics restrict their services to married couples with fertility troubles. It seems that each clinic has it own set of rules. | National Infertility Support and Information Groupnisig.ie Fertility services and cohabiting couples / Citizen information Ireland: citizensinformation.ie |
Self-insemination | Neither prohibited nor legally authorized. | |
Identifying information on embryo, egg and sperm donors | There are no sperm banks in Ireland. Most of the sperm donations used by Irish clinics come from unknown sperm donors from the UK and Denmark. In that case, the anonymity of the sperm donor is protected. Artificial insemination can also be done with the a donation from a known sperm donor if the clinic permits it. | Donor Sperm / The Northumberland clinic: northumberlandclinic.ie |
Paid or freem sperm donors? | Sperm donations should be altruistic and non-commercial. | Guide to professional conduct and ethics for registered Medical Practitioners P 20 Assisted Human Reproduction / Medical Council: medicalcouncil.ie |
Surrogacy in Ireland |
Altruistic surrogacy | Altruistic surrogacy is not banned in Ireland, but not likely to be legally recognised either as the surrogate mother is the legal mother and guardian of the child and private adoption is not possible. | Surrogate motherhood and same-sex couples / Citizen information Ireland: citizensinformation.ie |
Commercial surrogacy | Commercial surrogacy is not allowed in Ireland. | |
Surrogacy abroad | If the conditions of the surrogacy and the applicant(s) meet with intercountry adoption in Ireland, the surrogate child is likely to be registered and parenthood legally recognised. Only possible for married couples and singles. Like for national adoption, same sex couples cannot apply jointly to surrogacy. | Intercountry Adoption / Adoption Authority of Ireland: aai.gov.ie Intercountry Adoption / Citizen information Ireland: citizensinformation.ie |
Can gay dads have a surrogate child? | Yes, but only the biologicial father can be recognized as the surrogate child's legal father. |
Adoption in Ireland |
Access to general adoption | Singles may apply for an adoption, including gay people. Only married couples can apply jointly for adoption, meaning that same sex couples cannot. | Adoption Act 2010 / The Adoption Authority of Ireland: aai.gov.ie |
Step child adoption for same sex couples | An application to a step parent adoption can only be done jointly by married couples, thus excluding lesbians and gays from this possibility to access parenthood. | Step Parent Adoption / The Adoption Authority of Ireland: aai.gov.ie |
Co-Parenting in Ireland |
Only 2 co-parents involved | By law in Ireland, unmarried mothers are the sole guardians of children born outside of marriage. If the mother agrees, the father can become a joint-guardian if both parents sign a "statutory declaration". Gay parenting cannot be both recognized as legal parents of their child. | Access to children and cohabiting couples / Citizen information Ireland: citizensinformation.ie "Parenting & Children The Issues: Legal Recognition / Gay and Lesbian Equality Network (GLEN)": glen2010.glen.ie |
More than 2 co-parents involved (e.g. 1 couple + 1 single or 2 couples) | This situation is not covered by the Irish law. There is no legal way to ensure parenting rights or guardianship to a person other than the legal parents of the child that is not family linked to that child (i.e. a grand parent, uncle or aunt can obtain guardianship, a same sex partner or a partner who has not been recognized as the legal father cannot). | Guardianship of Children Bill 2010: oireachtas.ie |
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