
At Not All Gays, we are committed to advocating for genuine equality while upholding ethical standards that protect the rights of all individuals. A critical issue that demands attention is the push for surrogacy under the banner of LGBTQ+ rights. While we fully support the right of same-sex couples to build families, we must question the ethical implications of surrogacy, particularly its commercialisation and the impact it has on women and children. There are many other options when thinking of starting a family, such as co-parenting, fostering, and adoption.
We have provided some resources below for more ethical ways to start a family as a same-sex couple in Ireland.
The Ethical Dilemma of Surrogacy
Surrogacy, particularly commercial surrogacy, commodifies women's bodies and turns babies into purchasable products. This is not a gay rights issue; it is a fundamental human rights issue. Opposing surrogacy is not "anti-LGBTQIA+"—it is a stance against exploitation and the commercialisation of human life.
As same-sex attracted individuals, we understand the deep desire to have a family. However, leveraging LGBTQ+ activism to justify surrogacy is both inappropriate and misleading. The reality is that 33-40% of those commissioning a surrogate are same-sex couples, according to research. This undermines the claim that surrogacy is exclusively a pressing “LGBTQ+ rights” or gay rights issue.
The Exploitation of Women
One of the most troubling aspects of surrogacy is its impact on women, particularly those from vulnerable backgrounds. The process requires women to undergo extensive medical interventions, hormonal treatments, and the physical and emotional toll of pregnancy, often with the promise of financial compensation disguised as "reasonable expenses."
While Section 57 and Section 93 of the Assisted Human Reproduction (AHR) Act prohibit commercial surrogacy both domestically and internationally, there is simply no way of ensuring this in practice—especially when some surrogacy agencies take upwards of €60K, and for the women being exploited, this could mean triple or quadruple their monthly salary in their respective countries. We do not believe that financial necessity is a choice. A choice is only truly a choice when real alternatives exist. When there are no other viable options, what’s called a 'choice' is merely coercion in disguise.
The exploitation of women through surrogacy has been increasingly recognized at international levels. The European Parliament has voted to define surrogacy as a form of human trafficking. Additionally, research from the UK-based Stop Surrogacy Now campaign highlights significant ethical concerns regarding the commercialisation of surrogacy and its impact on vulnerable women.
While the government claims to prohibit commercial surrogacy within Ireland, the current legislation still allows for international surrogacy arrangements, many of which lack proper oversight and protections for surrogate mothers. This raises serious concerns about coercion and exploitation, particularly in countries where women may feel forced into surrogacy due to financial hardship.
A Misuse of Gay Rights
Several LGBTQ+ organisations have advocated for leniency in surrogacy legislation, arguing that same-sex couples must have the right to commission a surrogate. However, we ask: why should anyone have the right to use another person’s body to fulfil their personal desires? If a person cannot meet the already liberal criteria set out in surrogacy laws, then they should not have the right to commission a surrogate.
Moreover, international surrogacy arrangements often occur in countries where same-sex relationships are criminalised. For instance, Kenya allows international surrogacy while simultaneously imposing severe penalties on same-sex attracted individuals. It is deeply contradictory for same-sex couples to rely on surrogacy from nations that deny our very rights and existence.
The False Equivalence with Sperm Donation
A common argument equates gay men accessing surrogacy to lesbian couples using sperm donation. This comparison is both misleading and offensive. Sperm donation involves a biological contribution, while surrogacy requires a woman to endure pregnancy, childbirth, post-natal and potential health risks. This false equivalence ignores the physical and emotional sacrifices surrogates endure and minimises the exploitation involved in surrogacy arrangements.
Silencing Debate with False Accusations
We strongly oppose the increasing tendency to label any criticism of surrogacy as "far-right" or "anti-LGBT." This is a dishonest and divisive tactic used to silence important discussions. Gay people have fought for decades for the right to be heard, and we will not be dismissed simply because we challenge a prevailing narrative.
Our Campaign Against the Surrogacy Bill
In 2024, Not All Gays actively campaigned against the surrogacy provisions of the Health (Assisted Human Reproduction) Bill. We lobbied members of the Oireachtas, meeting with policymakers and raising awareness about the ethical and human rights concerns surrounding surrogacy. As part of our efforts, we provided a parliamentary briefing where we outlined our concerns about conflating gay rights with surrogacy and the potential harms of the Bill.
Despite our advocacy, the Bill was ultimately guillotined through the Seanad and passed into law. However, our fight does not end here. We remain committed to ensuring that gay rights are not misused to justify the commodification of women’s bodies. We will continue to work with policymakers and advocacy groups to highlight the ethical and legal issues surrounding surrogacy.
For further information on our campaign, visit the campaign page.
Putting Children and Women First
The debates in the Seanad in June 2024, and surrounding the legislation on surrogacy in Ireland more generally, prioritises the desires of intending parents over the rights and well-being of surrogate mothers and children. While we sympathise with those struggling with infertility, we must ask: should we legislate to turn human beings into services and commodities, as long as we can afford it? Not all gays believe we should.
At Not All Gays, we advocate for ethical family-building options that do not compromise the rights and dignity of women and children. True equality must be rooted in respect, responsibility, and a commitment to human rights for all.
Options for Starting a Family as a Same-Sex Couple
In Ireland, same-sex couples have several pathways to parenthood, including adoption, fostering, and assisted reproductive technologies such as IUI and IVF.
Adoption
Since the enactment of the Adoption (Amendment) Act 2017, same-sex couples in Ireland have been eligible to adopt children. This legislation allows married couples, cohabiting couples, and civil partners, regardless of gender, to apply for adoption. Prospective adoptive parents must undergo a comprehensive assessment process conducted by Tusla, the Child and Family Agency, to determine their suitability. This process includes interviews, background checks, and home visits. For detailed information on the adoption process and requirements, you can refer to the Adoption Authority of Ireland's official guidelines.
Fostering
Fostering is another avenue through which same-sex couples can provide care for children in need. Tusla welcomes applications from diverse individuals and families, including those in same-sex relationships. Potential foster carers must meet certain criteria and participate in an assessment and training process to ensure they can provide a safe and supportive environment for children. More information on fostering, including the application process and support services, is available on the Citizens Information website.
IUI and IVF Options for Lesbians
Lesbian couples in Ireland seeking to conceive have access to assisted reproductive technologies such as Intrauterine Insemination (IUI) and In Vitro Fertilization (IVF). IUI involves placing processed donor sperm directly into the uterus during ovulation, while IVF entails fertilizing an egg outside the body and then implanting the embryo into the uterus. These treatments can be pursued through private fertility clinics, and as of recent developments, certain treatments are also available through public healthcare services. The Health Service Executive (HSE) provides information on accessing fertility treatments, including eligibility criteria and referral processes.
It's important to consult with healthcare professionals and relevant authorities to obtain the most current information and guidance tailored to your specific circumstances.
Join us in advocating for ethical and responsible gay rights.