DNA testing and surrogacy in Ireland

Surrogacy can be a positive and life-changing route to parenthood. However, questions about genetics, legal parenthood, and documentation often arise.

This guide explains how DNA testing fits into surrogacy arrangements in Ireland, helping intended parents and surrogates make informed decisions.

What is surrogacy?

Surrogacy is an arrangement where a woman (the surrogate) carries and gives birth to a baby for another individual or couple (the intended parents/commissioning couple or person).

In Ireland, surrogacy is now regulated under the Health (Assisted Human Reproduction) Act 2024. In general, a surrogacy agreement is not enforceable, except in limited circumstances relating to reasonable expenses.

The surrogate is the legal mother at birth, and the commissioning parent or parents need to apply for a parental order to transfer legal parentage.

Regulation of assisted human reproduction and surrogacy is overseen by the Assisted Human Reproduction Regulatory Authority (AHRRA).

There are two types of surrogacy:

• Full surrogacy, also known as gestational surrogacy:
  • The surrogate carries an embryo created through IVF.
  • The embryo is formed using the commissioning parents’ egg and sperm or donor eggs or sperm.
  • The surrogate has no genetic link to the child.

• Partial surrogacy, also known as traditional surrogacy:
  • The surrogate uses her own egg.
  • This means she is the biological mother of the baby.
  • Conception usually occurs via artificial insemination

Is surrogacy legal in Ireland?

Surrogacy is legal in Ireland and regulated under the Health (Assisted Human Reproduction) Act 2024.

• Commercial surrogacy is prohibited.
• Only reasonable expenses may be paid to the surrogate, related to the pregnancy and surrogacy arrangement.
• Surrogacy agreements are not legally binding, although courts may recognise certain aspects such as agreed expenses.
• The surrogate is the legal mother at birth.
• The commissioning parents must apply to the court for a parental order to transfer legal parentage.

What is a parental order for surrogacy?

A parental order is a court order that transfers legal parentage from the surrogate (and her spouse or civil partner, if applicable) to the commissioning parent or parents.

Under Irish law:

• The surrogate is the legal mother at birth.
• If she is married or in a civil partnership, her spouse or civil partner may also be recognised as a legal parent in certain circumstances.
• The intended parent or parents must apply to the court for a parental order to become the child’s legal parents.

Once granted, a parental order:

• Permanently transfers legal parentage.
• Extinguishes the surrogate’s legal parental status.
• Allows a new birth certificate to be issued.

Parental orders are governed by the Health (Assisted Human Reproduction) Act 2024.

Why is a DNA test needed for surrogacy?

DNA testing is often used in surrogacy to confirm genetic relationships, offering independent, scientific evidence to support legal or administrative processes.

Common reasons include:

• Supporting a parental order application
• Confirming biological parentage
• Resolving legal or documentation issues
• Meeting requirements for immigration or nationality
• Providing reassurance to all parties

What types of DNA testing are used for surrogacy?

There are several types of DNA tests that can be used during surrogacy, depending on the circumstances.

• Paternity testing – used to confirm whether the intended father is the biological father of the child.
• Maternity testing – used to confirm whether the intended mother is the biological mother of the child. This is useful for confirming the correct egg was used during gestational surrogacy, where an embryo is created through IVF and implanted in the womb of the surrogate.
• Prenatal paternity testing – used to confirm whether the intended father is the biological father of the child, while the surrogate is still pregnant (before the baby is born).

At AlphaBiolabs, we offer each of these tests for peace of mind (your own personal knowledge) or legal purposes.

All DNA testing is performed to the same, high standard by our expert in-house geneticists, at our ISO 17025-accredited laboratory. The only difference between a peace of mind and a legal DNA test is the way the samples are collected.

For a legal test, the samples must be collected by a professional sample collector under strict chain of custody procedures.

This ensures the DNA samples are collected in the correct way from the right people, making the test results court admissible.

Learn more: Peace of mind vs. legal DNA tests

Is DNA testing required for a parental order?

DNA testing is not automatically required for a parental order. However, the court may request evidence if:

• There is uncertainty about genetic parentage.
• Fertility treatment documentation is incomplete.
• Donor arrangements are unclear.
• There are conflicting claims about biological parentage.

In these situations, the court may request a legal DNA test to provide independent scientific evidence of the child’s biological relationships.  

It’s important to note that:

• In most cases, at least one intended parent must have a genetic link to the child for a parental order to be granted.
• While DNA testing provides evidence of biological parentage, it does not establish legal parentage on its own.

Does the surrogate share DNA with the baby?

Whether a surrogate shares DNA with the baby depends on the type of surrogacy used.

For gestational surrogacy (the most common in Ireland), the surrogate has no genetic link to the child, with the sperm and/or egg provided either by the commissioning parent(s) or sperm/egg donors.

For traditional surrogacy, the surrogate provides the egg, meaning that the surrogate is the biological mother of the child.

Does the surrogate share DNA with the baby in traditional surrogacy?

Yes. In traditional surrogacy:

• The surrogate provides the egg.
• She is the biological mother and genetically related to the baby.

The baby shares DNA with:

• The surrogate.
• The biological father.

Does the surrogate share DNA with the baby in gestational surrogacy?

No. In gestational surrogacy:

• The surrogate has no genetic link to the child.
• She is not the biological mother.

The baby shares DNA with:

• The intended parents (if their sperm or egg were used), or
• Donors (if donor eggs or sperm were used).

Does the baby share DNA with both intended/commissioning parents?

This depends on how the embryo was created. The baby will share DNA with both parents if:

• The intended mother’s egg is used, and
• The intended father’s sperm is used

The baby may not share DNA with both intended parents if:

• Donor eggs or sperm are used.
• Both the sperm and eggs are from donors.

In situations where the sperm and/or eggs are provided by the commissioning parent(s), DNA testing can be used to provide additional reassurance that the correct sperm or eggs were used to create the embryo (baby).

This can be done through paternity testing, maternity testing, or non-invasive prenatal paternity testing (performed while the surrogate is still pregnant).

Can DNA testing be done before the baby is born?

Yes, paternity can be confirmed during pregnancy using non-invasive prenatal paternity (NIPP) testing.

This allows the intended/commissioning parent(s) to verify paternity before the baby is born.

During pregnancy, small amounts of the baby’s DNA naturally circulate in the pregnant woman’s bloodstream from around 7 weeks into pregnancy.

To perform a NIPP test, the following samples are required:

• A blood sample and cheek swabs from the pregnant woman
• Cheek swabs from the presumed father

The blood sample is taken from the pregnant woman’s arm, making the test 100% safe for both her and the baby, with no invasive procedures required.

Learn more: Can you do paternity testing while pregnant?

Is prenatal paternity testing safe?

Yes, non-invasive prenatal paternity (NIPP) testing is 100% safe for the pregnant woman and the baby.

• The pregnant woman’s blood sample is taken from the arm, like a routine blood test.
• There are no invasive procedures required and no needles enter the womb, unlike other forms of prenatal testing (e.g. chorionic villus sampling and amniocentesis).

Can a surrogate refuse a DNA test?

Yes, a surrogate can refuse a DNA test.

The consent of the surrogate is required to perform the DNA test, unless a test has been ordered by a court.

Can DNA testing prove legal parentage for surrogacy?

No, a DNA test cannot prove legal parentage for surrogacy. DNA testing can only be used to prove a biological relationship between the tested parties.

Legal parentage is established through:

• A parental order
• An adoption order

Do sperm or egg donors show up in DNA tests?

If donor eggs or sperm are used, the donor is genetically related to the child, and a DNA test can be used to verify a biological relationship between the donor and the child.

It’s important to note that parentage DNA testing cannot reveal a person’s identity, only whether the test participants (presumed biological mother/father and child) are biologically related.

However, some commercial ancestry databases and wider DNA matching services may make it possible for anyone conceived via a sperm or egg donor to identify biological relatives later in life.

How does donor anonymity work in Ireland?

In Ireland, donor information is regulated under the Health (Assisted Human Reproduction) Act 2024 and overseen by the Assisted Human Reproduction Regulatory Authority (AHRRA).

Under Irish law:

• Egg and sperm donors may remain anonymous at the time of treatment, but they are not anonymous in the long term.
• Donor-conceived individuals can apply for identifying information about their donor once they turn 18.
• Non-identifying information about the donor may be available earlier.
• Fertility clinics must keep records relating to donor conception and provide information to the national donor-conceived register.

DNA testing does not override these rules but may contribute to future identification through genetic matching. 

Can DNA testing affect a sperm or egg donor’s legal status?

No. DNA testing does not change the donor’s legal position.

Under Irish law:

• Egg and sperm donors are not legal parents.
• Donors do not have guardianship or parental rights.
• Donors have no financial obligations.
• Donors have no automatic rights to contact.

How much does surrogacy DNA testing cost?

The cost of a parentage DNA test where a child has been conceived via surrogacy can vary depending on:

• Number of test participants.
• Whether you require a peace of mind or court-approved test.

Court-approved tests – where the results are intended for use in court or for other legal matters – are usually more expensive.

This is because the DNA samples must be collected by a professional sample collector under strict chain of custody conditions, ensuring the DNA samples are collected in the correct way, from the right people.

How can I get a DNA test for surrogacy?

We understand that growing your family through surrogacy is an exciting and emotional time.

That’s why we’ve made it as straightforward as possible for you to order a DNA test, giving you the ultimate peace of mind that everything has gone as planned.

AlphaBiolabs offers a range of DNA relationship tests to establish parentage, including paternity, maternity and non-invasive prenatal paternity tests.

All our tests are available for peace of mind (personal reassurance) or legal/official use (e.g. for court).

For parental orders and legal proceedings, you will need a legal DNA test.

Order online now or contact us on 01 402 9466 / info@alphabiolabs.ie and our friendly team will be happy to provide guidance on the best test to suit your needs.