'Credulous or the naïve?' The Irish Department of Health's response to commercial surrogacy.

This article examines the prohibition of commercial surrogacy under Ireland’s Health (Assisted Human Reproduction) Act 2024, which for the first time regulates surrogacy and establishes a legal framework for recognizing intending parentage while criminalizing commercial surrogacy. It analyzes the Act’s safeguards for surrogates, critiques its paternalistic restrictions—such as age and prior childbirth requirements—and contrasts these with international case law, including the European Court of Human Rights’ ruling that refusal to recognize parentage from commercial surrogacy can violate a child’s rights under Article 8 of the European Convention on Human Rights. Drawing on qualitative research from the O’Connell Study, the article highlights the significant financial and legal burdens faced by Irish intending parents engaging in international surrogacy, and argues that commercial surrogacy can be ethical if accompanied by sufficient safeguards, cautioning that Ireland’s blanket prohibition may unjustly penalize families without evidence of exploitation.