Informal Sperm Donation in Ireland
- AI: Not Recognized
- NI: Not Recognized
- Sperm donor agreement: Unknown
Key Provisions:
- Parentage:
- Under the Children and Family Relationships Act 2015, parentage is determined by:
- (a) The birth mother, who is automatically recognized as a legal parent at birth.
- (b) The biological father, who is presumed to be the parent if married to or cohabiting with the mother for at least 12 months ending within 10 months before the birth, or if he jointly registers the birth with the mother (Section 5, Children and Family Relationships Act 2015).
- Under the Children and Family Relationships Act 2015, parentage is determined by:
- Assisted Reproduction:
- “Donor-assisted human reproduction” (DAHR) is defined as a procedure involving donated gametes (sperm, eggs, or embryos) where the donor does not intend to be a parent, typically performed in a clinical setting (Children and Family Relationships Act 2015, Part 2). Note: Informal sperm donation (e.g., at-home AI) is not explicitly regulated under this definition.
- For DAHR children born after May 4, 2020, the intending mother and her spouse/partner (if consenting) are the legal parents, provided the procedure complies with the Act (Section 5 and Part 2).
- Sperm Donor Agreements:
- In regulated DAHR, a donor is not a parent if the donation meets the Act’s requirements (e.g., non-anonymous donation, recorded in the National Donor-Conceived Person Register) (Children and Family Relationships Act 2015, Section 5(1)(b)). Note: Informal sperm donation outside DAHR lacks statutory protection—donors may be recognized as parents under general paternity rules (Section 5).
- For natural insemination (NI) or informal AI not under DAHR, no specific exclusion applies; a donor risks paternity if he meets cohabitation or acknowledgment criteria, unless a court rules otherwise.
- Surrogacy:
- The Children and Family Relationships Act 2015 does not regulate surrogacy—parentage defaults to the birth mother. The Health (Assisted Human Reproduction) Act 2024 (enacted July 2024) introduces domestic altruistic surrogacy, requiring High Court approval and a genetic link to at least one intending parent (Section 52).
- Post-birth, intending parents must apply for a Parental Order within 6 months to transfer parentage from the surrogate, who retains rights until then (Section 54, effective pending commencement).
- International surrogacy remains unregulated—parentage recognition is ad hoc via court declarations, with amendments proposed in 2025 to address this (Health (AHR) Amendment Bill 2024).
- Parentage Agreements:
- For DAHR, intending parents and donors formalize roles via consents recorded at fertility clinics, with parentage assigned at birth registration (Children and Family Relationships Act 2015, Sections 6-11). Outside DAHR, informal co-parenting or donor agreements lack statutory backing—court orders under Section 35 (declarations of parentage) may be required.