IVF Regulations UK & Ireland

Ireland

The Regulations

In Ireland there are no stringent regulations governing IVF at present. The Health Products Regulatory Authority are a state agency responsible for enhancing public health by regulating medicines, medical devices and other health products. Formerly known as the Irish Medicines Board, the HPRA governs Assisted Reproductive Techniques as this treatment involves dealing with ‘tissues and cells’.

The EU Tissue and Cells Directive outlines the requirements to be followed when practicing in the field of ART and this is then governed by the HPRA. You can find the Guide to Regulatory Requirements for the Procurement of Human Tissues and Cells intended for Human Application here.

The Children and Family Relationships Act 2015 is a draft bill, expected to be released in 2020. The release of this bill may run into some delays due to the CervicalCheck Tribunal as well as the formation of a new Government in Ireland however when it is released, it will outline set rules and regulations to be followed on ART Services in Ireland. Until now, anonymous donation of sperm is allowed in Ireland however this is due to change in May 2020, regardless of the full Children and Family Relationships Act 2015 bill being released. This will mean a ban on all anonymous donations, meaning that anyone wishing to donate sperm for use in ART treatments, must accept to be identifiable to the child born using their donated sperm at an age yet to be confirmed (either 16 or 18 years of age) and be added to a donor gamete register. This will be similar to the practice that takes place in the UK under the HFEA guidelines.

Surrogacy

Surrogacy remains a bit of a legal grey area in Ireland as there is no legislation. For more information read our Surrogacy In Ireland Article.

There are two types of surrogacy options available. Traditional surrogacy is where the surrogate carries a child conceived using her own egg and sperm from the intended father. Artificial insemination is used, and the surrogate is genetically related to the child. 

Gestational surrogacy is when the surrogate carries a child conceived using the egg of the intended mother or egg donor and sperm from the intended father. In Vitro Fertilisation (IVF) is used, and the surrogate is not genetically related to the child. Surrogacy is neither legally prohibited nor permitted here in Ireland. This can lead to legal complications down the line.

Despite this legal ‘grey area’ surrogacy is becoming a viable fertility option for more and more couples. Kim Kardashian, Sarah Jessica Parker, and Georgia Penna have all opted for a surrogate. In Ireland, Rosanna Davidson recently spoke out about her surrogacy journey on the late late show (watch it here). She travelled to the Ukraine, where commercial surrogacy has been legal since 2000. Last year, the Department of Foreign Affairs revealed that 23 babies born in the Ukraine were flown back to Ireland with emergency travel certificates. For many families, the Ukraine is more cost effective option than travelling to North America. Also under Ukrainian law, the baby is considered to be the child of the Irish parents from the moment of conception and their names appear on the birth certificate. This is an important factor as it eliminates the risk of a surrogate changing her mind. This service is only available for married heterosexual couples with medical evidence that they cannot have children.

Is it possible to have domestic surrogacy in Ireland?

Yes. Domestic surrogacy is available if the infertile couple can find a surrogate who wishes to carry their child. Agreements regarding compensation for medical bills, accommodation, time away from work, can be arranged between the parties but surrogacy agreements are not enforceable in Ireland. There are some criteria to be filled. A surrogate must be resident in Ireland, have previously given birth to a child and be aged 25 and 47 years of age. The surrogate must also be assessed by a doctor and counsellor before an application for authorisation is made to the Regulatory Authority.

United Kingdom

Regulations

In the UK, ART is regulated by the Human Fertilization and Embryology Authority (HFEA). They are a Government regulator responsible for making sure fertility clinics and research centres comply with the law.

Surrogacy

Surrogacy is a treatment offered to heterosexual couples and same sex couples who require the assistance of a surrogate to conceive. In the UK, it is illegal to advertise and pay surrogates as this is viewed as commercial surrogacy.

There are three main surrogacy organisations that are recommended for couples commissioning surrogacy arrangements – Brilliant Beginnings, COTS (Childlessness Overcome Through Surrogacy) and Surrogacy UK. Further information regarding surrogacy agreements can be sourced from these main surrogacy organisations. There are two main types of surrogacy:

• straight surrogacy – a surrogate may undergo an insemination procedure using the intended father’s sperm to achieve a pregnancy. Straight surrogacy could also be achieved when a surrogate’s eggs are fertilised via IVF with the intended father’s sperm. Not all centres offer this type of surrogacy arrangement. In these cases, the surrogate will also be treated as the egg donor so will need to be screened and consented as a donor as per HFEA regulation. The intended father will also need to be screened and registered as a sperm donor.

• gestational surrogacy – the intended parents provide their gametes via an IVF cycle to create embryos that are transferred into a surrogate who carries the pregnancy and will be the birth mother. The intended mother’s eggs may be used or donor eggs if there is an egg issue or in the case of same sex male parents. The gamete providers must be screened and treated as donors, and all parties will require implications counselling and be encouraged to seek legal advice. At least one of the intended parents needs to have a genetic link to the child to commission a surrogacy arrangement in the UK. It is also a legal requirement that at least one of the intended parents are domiciled in the UK.

Currently, a parental order can only be obtained within the first six weeks after the child’s birth and up to the time that the child is six months old. A parental order can also only be issued when at least one of the intended parents has a genetic link to the child. As the law is complex around this issue, it may be appropriate for health care practitioners to suggest that couples seek independent legal advice on parental orders.

In all surrogacy arrangements within the UK, the surrogate will always be the legal parent until such time as a parental order is issued or on adoption of the child. The birth certificate for the child can then be amended to reflect the names of the intended parents.