---

DFA to resume Ukraine surrogacy DNA testing

The Department of Foreign Affairs (DFA) has clarified to the Law Society that, from 1 January, the operational requirements will change for issuing emergency travel certificates for paid-for surrogacy arrangements in Ukraine.

The DFA will resume DNA testing for babies born through paid-for surrogacy arrangements in that country.

Following the outbreak of war in February 2022, the department suspended the requirement for in-country DNA testing in paid-for surrogacy arrangements, to allow ‘commissioning’ parents to exit Ukraine.

Unpredictable situation

Since that time, the DFA has said it has strongly advised against commissioning paid-for surrogacy arrangements in Ukraine, and against travel to Ukraine for any reason, due to the dangerous and unpredictable situation.

DFA ability to provide consular assistance remains extremely limited, it says.

As an interim measure, the DFA will provide in-country DNA testing outside of Kyiv city until 31 July 2025.

After that date, all DNA testing must take place in Kyiv city.

In determining whether a child born outside of the State is an Irish citizen, the DFA must establish that the child was born to an Irish parent.

It must examine the legal parentage of the child and establish who are its legal guardians.

Foreign birth certs or court orders are not binding in Irish law, the DFA memo states.

A genetic relationship does not confer legal parentage, the memo adds.

Under Irish law the woman who gives birth to the child – in this case, the surrogate mother – is the legal mother of the child, even if the ovum from which the child was produced was provided by one of the 'commissioning' adults, or by a donor.

Under Irish law, family relationships cannot be subjected to the ordinary law of contract, the memo continues, and cannot be transferred, bought, or sold.

This means that, under Irish law, the surrogate mother and the child will have a lifelong legal relationship with one another.

No guarantees

The memo adds that Irish authorities can give no guarantees that a child will be automatically regarded as an Irish citizen, or that the 'commissioning' adults will be regarded as parents or guardians, or that a passport can be provided for that child.

It further states that if 'commissioning' adults intend to apply for a travel document for a child, they should plan for the possibility of the child having to remain in the country of birth 

It further states that if commissioning adults intend to apply for a travel document for a child, they should plan for the possibility of the child having to remain in the country of birth until the requirements have been met.

The Health (Assisted Human Reproduction) Act 2024 was signed into law on 2 July.

It was sharply criticised by the Irish Human Rights and Equality Authority (IHREC) which states that exploitative surrogacy is an emerging form of human trafficking.

IHREC said that the national legal framework provided for by the Health (Assisted Human Reproduction) Bill requires further safeguards to ensure compliance with EU standards on preventing trafficking and exploitative surrogacy.

A Supplementary Bill, titled the Health (Assisted Human Reproduction) (Amendment) Bill 2024, seeks to provide clarity for Irish residents undertaking donor-assisted human reproduction (DAHR) procedures abroad. 

Declaration of parentage

It aims to provide clarity for those seeking to obtain a declaration of parentage in respect of a child born as a result of such a procedure, and secondly, to provide a pathway for Irish citizens domiciled abroad who have undergone surrogacy or DAHR in another jurisdiction to have their parentage recognised in Ireland, where this is not already the case.

The Department of Health said that current legislative proposals, approved on 8 October, were subject to change during the formal drafting process.

The bill will be subject to further amendments as it progresses.

The planned legislation did not seek to provide a list of approved jurisdictions for the  purchase of donor gametes (eggs and sperm), the department said.