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Forging a surrogacy framework for Ireland: the constitutionality of the post-birth parental order and pre-birth judicial approval models of regulation

Date:13 JUL 2017
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Brian Tobin

The full version of this article will appear in Child and Family Law Quarterly, Vol 29, No 2

Find out more or request a free 1-week trial of Child and Family Law Quarterly. Please quote: 100482.



In 2014, the Irish Parliament proposed surrogacy legislation as part of a larger Bill regulating donor-assisted human reproduction, adoption and family relationships, but the controversial provisions were deleted before the Bill became an Act. This paper will argue that this was a necessary move because the surrogacy proposals mirrored the existing UK legislation in this area; this could have resulted in their being susceptible to constitutional challenge in Ireland, if enacted.

Read the full article here.