The Children and Family Law Relationship Act 2015 which did not come into effect until early May 2020 brought about statutory recognition for children born through the Donor Assisted Human Reproduction system in Ireland.
The current position is as follows;
- The donor under a DAHR has no legal rights or responsibilities as a parent.
- The birth mother is the person who is recognised as being the child’s legal parent.
- Where the DAHR was carried out in a licenced Irish DAHR facility then the birth mothers’ spouse, civil partner or cohabitant may also acquire the status as a second parent provided that the appropriate written consents were signed prior to the procedure taking place.
In relation to procedures which have been performed abroad after the 4th of May 2020 there is no legal mechanism by which a second parent can seek a declaration of parentage. It is possible for children born from a foreign procedure carried out prior to the 4th of May 2020 but only where the donor was unknown. Once the Act has been commenced it will only apply to procedures which are carried out prior to the date of its commencement which means that those who undergo DAHR abroad after its commencement will be in a situation where the second parent cannot apply for a declaration of parentage.
Attempted Rectification
In order to rectify the situation, the Government has now brought to the Dail a Children’s and Family Relationships (Amendment) Bill.
The Bill aims to close the loopholes which have been in existence since the enactment of the 2015 Act and indeed the 2024 Act and once implemented will allow individuals to apply for parentage where their child is born outside of Ireland, has been conceived through a DAHR procedure outside of the state, and where the couple have used a known donor prior to the commencement of the 2015 Act.
Once enacted this Bill will provide welcome clarity for couples who go through the very difficult procedure of not being able to conceive a child themselves.
Trusted Advice on Family Law
For further information in relation to this and any other family law matter please do not hesitate to contact one of our family law Solicitors Brendan Dillon, Emma Dillon, Alice Downey or Simone Murray on 01-296-0666.
