Surrogacy in Ireland and Ukraine: An In-depth Guide to Navigating the International Surrogacy Process

Under Irish law, the woman who gives birth - the surrogate - is recognized as the child's legal mother. For the intended father to assert his paternity, a DNA test result serves as evidence. It is crucial to note that surrogacy is not an option if the intended father is not biologically related to the child. As it stands, only the biological father can apply for a declaration of parentage post-childbirth.

Surrogacy in Ukraine is seen as an option for many due to its regulated framework. However, it is essential that intended parents are fully aware of the legal status of surrogacy in Ukraine, the country of birth, including whether surrogacy is legislated, unregulated, or prohibited, or if the intended parents are eligible to pursue surrogacy in the country.

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Legal representation for both the intended parents and the surrogate is of utmost importance. Intended parents should receive independent legal advice in Ireland and Ukraine prior to starting their surrogacy journey. Equally essential is the surrogate's consent, which must be fully informed and voluntary, supported by independent legal advice throughout the process.

In international surrogacy, particularly between Ireland and Ukraine, various factors come into play, such as the intended parents' relationship status, egg donation rules, notarization and registration requirements, and the surrogate mother's previous childbirth experience.

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A significant requirement for surrogacy in Ireland and Ukraine is the biological link with the intended father. A DNA test from an accredited source such as Ormond Quay Paternity Services (OQPS) is required by the Irish Department of Foreign Affairs to prove this biological relation. Without this, an emergency travel certificate will not be issued.

After the birth, the birth certificate will be issued in Ukraine. However, it's important to note that Ireland does not recognise this as legal proof of parentage. The certificate could name both the intended parents or the surrogate and the biological father, depending on Ukraine's local laws and regulations.

 

Once the surrogacy process concludes, coming home with your baby involves understanding whether your child is entitled to a passport in Ukraine or if an emergency travel certificate from the Irish Department of Foreign Affairs is needed. Navigating these processes requires meticulous preparation and legal guidance.

Surrogacy in Ireland and Ukraine is a multifaceted journey. By understanding the legal requirements and processes involved, intended parents can make informed decisions and embark on their surrogacy journey with greater confidence.