Offering practitioners an in-depth analysis of the law in Ireland surrounding surrogacy, adoption, fostering and Assisted Human Reproduction, this much-needed title provides guidance and precedents on the legalities of family-formation – in all its guises.
Written by authors with a wealth of experience in this area, this title looks at the background to the laws and their evolution, current challenges, and likely future developments. Topics covered range from the enormous challenges presented by the Adoption Act 2010 for prospective adopting couples, and support available for LGBTQ+ couples or single parents, through to domestic and international considerations for surrogacy or Assisted Human Re-production Family formation.
A challenge for law in this field is its need to keep pace with both society and science. This timely book is the first to offer dedicated coverage of these issues. For practitioners who are assisting clients with putting legal shape on their alternatively-formed family, this book delivers comprehensive guidance.
Foreword
Preface
Introduction
Table of Cases
Alternative Family Formation
1. Introduction: What is a ‘family’? Historical overview and cultural disparities
2. Legal protections for families – ECHR and Irish Constitution
3. Alternative family formation overview
4. Assisted Human Re-production in Ireland
4a. Donor Assisted Human Re-production in Ireland
4b. Seeking assisted human reproduction abroad
5. Surrogacy
(a) altruistic/commercial
(b) domestic/international
(c) The legal position and options for the non-genetic, de facto parent
(c) Surrogacy without genetic link to the child by either commissioning parent;
6. Adoption – family formation
(a) By relatives;
(b) Domestic
(C) international
6a. Adoption – the left behind family
- Issues of identity and tracing
- Open adoption
7. Fostering
(a) The legal rights and entitlement of foster parents;
(b) Forming a legal family with foster children;
(c) Adoption of fostered children
8. Family formation and LGBT couples
9. The Single Parent
10. State support for alternative families
11. What does the future hold?
(a) The law keeping pace with science;
(b) The law keeping pace with society.
10. Precedents
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