Abstract
DOES THE LAW OF YOUR COUNTRY ACCEPT MATERNITY FOR ANOTHER?
Not expressly. There is simply no legislation or legal precedent on this issue. In practice, maternity for another does occur and is governed by Irish Medical Council Guidelines1. In 2005, the Irish Commission on Assisted Human Reproduction recommended, with one member dissenting, that surrogacy should be permitted and should be subject to regulation by a regulatory body. No legislation is currently in place nor has a specific regulatory body been established.
II. IF THE ANSWER IS YES, WHAT IS THE LEGAL SITUATION?
1. Is Maternity for another under the control of a judge?
In the absence of statute in the area, any dispute over guardianship or custody as the result of a surrogacy agreement would be up to a judge to resolve. This decision like any dispute about parenthood or custody would be resolved by reference to the best interests of the child under Section 3 of the Guardianship of Infants Act 19642.
| Original language | English |
|---|---|
| Title of host publication | Gestation pour autrui : surrogate motherhood |
| Editors | F. Moneger |
| Place of Publication | France |
| Publisher | Société de Législation Comparée |
| Number of pages | 276 |
| ISBN (Print) | 978908199901 |
| Publication status | Published - 2011 |