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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


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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.

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