Mothers of surrogate children are still not acknowledged as parents, despite legislation being passed in 2024
Mother and campaigner Lauragh Goggin has spoken out about the uncertainty that surrounds mothers of surrogate children, as much legislation is yet to be commenced that would acknowledge her as a parent.
Two years on from the passing of the Health Assisted Human Reproduction Act 2024, Ms Goggin described feeling in "legal limbo".
The act was widely described as landmark legislation, which was designed to regulate assisted reproduction and provide long-awaited clarity on issues such as surrogacy and legal parentage in Ireland.
Speaking on Kildare Today, the mother of two surrogate children explained the lack of progress since the enactment of the act in 2024:
"There's been no real movement on it since 2024. By the end of the year we were told there would be movement in the High Court for people who already had their children via surrogacy to apply for their parental orders and that didn't happen."
She also mentioned that there is still existing gaps in the legislation that doesn't cover a cohort of parents.
Ms Goggin expressed the difficulties that this has caused her:
"You live with a fear of anything happening. I don't have the authority to make medical decisions, I don't have the legal authority to sign that parent-guardian line on any form that they have."
"When my daughter had her heel-prick test, the public health nurse had to ask if my husband was home, because he had to sign a form that I wasn't allowed to sign."
June 2025 was the time given by Government for further amendments to be made, but nothing further has been enacted as of now.
Much of its main legal framework has yet to be commenced. This leaves families yet again feeling uncertain about their rights.
The delay means that parents of children already born through surrogacy and are living here, still cannot access the legal recognition envisaged under the act.
Under Part 12, intended parents would be able to secure a parental order with the consent of the surrogate and the biological father, subject to strict criteria around residency and the legality of the arrangement.
The full Kildare Today interview with Lauragh Goggin can be listened to below.
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