The High Court has ruled that payments to an egg donor, a surrogate and a surrogate matching agency, plus a deliberate breach of the natural ties, were no barrier to having children placed on the Register of International Adoptions.
The case arose after the Adoption Authority of Ireland opposed an application involving a US-based couple, including a man from Northern Ireland, to register the children. The authority had concerns that their payments — including $11,300 (€10,300) for an agency, $7,000 for an egg donor and fees for their surrogate — might breach an Irish ban on paying parents whose children are adopted. Many countries in Europe ban commercial surrogacy on the grounds it commodifies children.
However, the Irish man, known as Mr D in the case, disputed the adoption authority’s characterisation of the arrangement as a “commercial surrogacy” and said it was “compensatory”.
The attorney-general, a notice party in the case, submitted that the court could distinguish between surrogacy arrangements involving fees permitted in America and the later American adoption.
The authority raised concerns about whether the adoption could be registered without reference to the children’s birth and genetic mothers.
Approving the application, Judge Max Barrett said the men did everything “by the book”. As the twins were deeply loved and well cared for, the idea that the court would not recognise the adoptions by reference to the “best interests” of these children “does not hold water”.