Legal inertia will breed disputes

Given the complexity of surrogacy, real certainty can be provided only through regulation, so it's time we legislated on the issue, writes Andrea Mulligan.

10th March, 2013
Surrogate motherhood is entirely unregulated under Irish law. Photo: Thinkstock

Surrogate motherhood, like all forms of assisted reproduction, is entirely unregulated under Irish law despite repeated calls for legislation. Irish courts increasingly find themselves teasing out the complexities of new reproductive technologies without any legislative guidance.

In 2009, the Supreme Court tackled the question of frozen embryos (Roche v Roche), and considered the case of a sperm donor who sought to establish parental rights (JMcD v PL). Last week Mr Justice Henry Abbott in the...

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