Still Not Equal

Navigating parenthood can be daunting, and many LGBTQ+ groups in Ireland don’t address the unique challenges faced by gay, bi, queer, and trans dads. To fill this gap, Irish Gay Dads (IGD) was established, and has now grown into a community of over 1,000 people.

At IGD, we pride ourselves in providing a safe space where gay fathers and fathers-to-be can connect, share experiences, and celebrate the joys of fatherhood. Our vibrant community supports, empowers, and inspires members throughout their journey to becoming a parent and beyond.

Recently, Irish Gay Dads welcomed the much-needed Assisted Human Reproduction (AHR) Act but were disappointed by the exclusion of key amendments to ensure the Bill is inclusive for all families. The approval of the AHR Act follows years of advocacy by groups, families, and experts petitioning the government to legislate in human reproduction, particularly surrogacy. However, its shortfallings have a tangible impact, seen through the examples of Mark and Eoin, and Seamus and Ludovico.

Mark O’Looney and Eoin Cannon, an Irish couple residing in New York, have faced significant challenges in their quest to build a family through surrogacy. Parents to two-year-old Aria and baby Nala, both born via surrogate, they are eager to raise their daughters in Ireland but are hindered by the lack of legal protections for their family under Irish law.

Despite the simpler legal landscape for surrogacy in the US, the journey has been fraught with emotional highs and lows. Mark and Eoin have documented their experiences on their blog, Two Men and a Surrogacy, highlighting the unique challenges faced by LGBTQ+ families.

The couple’s situation underscores the urgent need for comprehensive surrogacy legislation in Ireland. Current Irish laws do not recognise their US birth certificates, which list both Mark and Eoin as parents, resulting in legal uncertainties and a lack of recognition for their family. The process requires DNA testing to establish genetic parentage before the children can be brought to Ireland, a requirement not imposed on heterosexual couples.

Mark and Eoin, active in advocacy through Irish Gay Dads, met with Health Minister Stephen Donnelly to discuss the proposed legislation, which has since been signed into law by the President. Despite assurances, the proposed legislation still contains gaps that leave many families, including Mark and Eoin’s, in a state of limbo, despite a strong assurance from the Minister that families like theirs would not be left out.

Mark emphasised the need for equality: “If we were a straight couple, our family would be recognised without question. All families, regardless of their makeup, deserve equal treatment under the law.”

The Minister, in a phone call to representatives of Irish Gay Dads has promised an amendment bill in September to correct inequalities like Mark and Eoin’s. IGD are cautious but optimistic about this timeline.

Seamus and Ludovico Kearney Martone are an IrishItalian couple facing significant challenges due to Ireland’s evolving surrogacy laws. Despite their desire to expand their family, they find themselves in a complex legal situation that prohibits them from using the embryos they have already created.

The couple has 13 embryos stored in the US, created using an anonymous but traceable donor. This decision, made with the intention of maintaining a degree of openness while respecting donor privacy, now places their embryos outside the criteria set by the Assisted Human Reproduction Act. The new legislation excludes embryos created with anonymous donors, leaving Seamus and Ludovico unable to use their existing embryos for future surrogacy.

Adding to their predicament is the fact that commercial surrogacy, a method they previously relied on in the US, is banned under the new regulations. This legal shift significantly restricts their options, forcing them to reconsider their plans to have more children.

“We carefully selected an anonymous but traceable donor to ensure our children could have access to their genetic history if they wished,” Seamus explained. “Now, this thoughtful decision is causing unforeseen challenges.”

The couple’s situation highlights the unintended consequences of the new legislation on families who made decisions based on the previous legal framework. The lack of amnesty for embryos created before the commencement of the AHR Act means that families like Seamus and Ludovico’s are left in a state of uncertainty and frustration.

Seamus, also the Chairperson of Irish Gay Dads, has been vocal about the need for more inclusive laws that recognise the diverse paths to parenthood within the LGBTQ+ community. “We understand the importance of ethical guidelines in surrogacy, but the legislation needs to account for the realities and decisions made by families under earlier laws,” he said.

For the latest updates, follow Irish Gay Dads on Facebook or Instagram. You can also request to join their WhatsApp group to connect with other gay dads across the country.