This content is provided for information purposes only and is not legal advice. If you are unsure as to the legal status or benefit of any actions or have a complex situation that is not addressed here, please contact a Solicitor if you have access to one or contact FLAC www.flac.ie who may be able to assist you. Information last updated July 2020.
CHILDREN AND FAMILY RELATIONSHIPS ACT 2015
Parts 2 & 3 of the Child and Family Relationships Act 2015 (CFRA), commenced on the 4th May 2020. As of that date, parentage for children born using donor conception* in Ireland includes the birth mother and their partner regardless of gender. This means that for the first time in Irish history birth certs of donor-conceived children can record two women as the child’s parents and non-biological parents can be provided with the security of being legally recognised as a parent. In order to be recognised under the CFRA there are different processes depending on the date of conception of the child. [*Only certain donor conception methods are included – see Pathways to Parenthood for further information below.]
Children Conceived BEFORE the 4th May 2020 (Retrospective Recognition)
Criteria: The child was conceived in a Clinic in Ireland OR Abroad using donor gametes (sperm and/or eggs), the child was born in Ireland to one of the parents (the birth mother) and the parents do not know the donor (anonymous or traceable donor(s) were used).
Process: The child’s birth must be registered in the normal way at a Registrar’s office with only the Birth Mother’s details initially. A Court Order (Declaration of Parentage) is then required to re-register the child’s birth. Please see full details on the Re-registration process below including helpful resources.
Children Conceived AFTER the 4th May 2020 (Prospective Recognition)
Criteria: The child is conceived in a Clinic in Ireland using donor gametes where the donor consents to their contact details being added to the Donor Conceived Register (which allows for traceable and known donors) and the child is born in Ireland to one of the parents (the birth mother).
Process: The child’s birth is registered at a Registrar’s office with a letter from the Clinic where the child was conceived. A Statutory Declaration is required to be completed by the parents before the Registrar.