The next hurdle for same-sex couples in Tipperary is amending surrogacy laws
In April of this year, Tipperary TD Ryan O'Meara queried when amendments would be made to surrogacy legislation that was passed in May of last year.
With the recent ten year anniversary of the passing of the same-sex marriage referendum, Tipperary Live looks into what other legislation needs to be changed for the LGBTQ+ community.
The next hurdle for same-sex couples is to change or amend laws surrounding surrogacy in Ireland.
The main issue that comes with this is that only one parent, the genetically related intended father, can be legally recognized in surrogacy arrangements involving male couples.
This is a major issue for male couples who decide to have children via a surrogate and it again highlights that things are still unequal in other aspects of life for queer couples when it comes to the law.
Ireland’s Assisted Human Reproduction Bill 2024 means that same-sex Irish couples who have already completed surrogacy arrangements or plan to, will now be able to have the non-biological parent apply for a parental order. However, there is a catch.
This only applies to non-commercial surrogacies.
Given that these couples can no longer pay for surrogacies, this limits the chance of having a biological child greatly. It is extremely hard for couples to find willing surrogates to carry their child to term, who will do it for free.
There has been calls for amendments to this bill since it’s legislation was passed in May of 2024.
In April of this year, Fianna Fáil TD for Tipperary North, Ryan O’Meara, asked Health Minister Jennifer Carrol MacNeill, if “The Minister will provide an update on her Department’s work to draft the Assisted Human Reproduction Amendment Bill, which will address issues relating to citizenship and parentage.”
The Minister responded that the initially published bill also included provisions about domestic altruistic surrogacy.
However, the final Bill will include new provisions regarding the regulation of future surrogacy arrangements by Irish residents in other jurisdictions and the recognition of parentage arising from past domestic and international surrogacies.
She also expects to be able to present the Bill to the Dáil before the end of the summer legislative term.