The Russian invasion of Ukraine has not changed the legal status of surrogate children born to Irish parents.
That's according to Fine Gael Senator Mary Seery-Kearney - who says regardless of where a child is born, the mother who gives birth to the child remains the child's legal mother.
It comes amid concerns whether some surrogacy contracts may have been changed if surrogate mothers were to give birth outside of Ukraine.
However Senator Kearney told Lunchtime Live the location is not important.
"The agreement was based on an agreement that is recognised in Ukrainian law, and subject to Ukrainian law, and based on the baby being born in Ukraine.
"When the couple would come home to Ireland, they have to apply to the court in order to get the parental order for the father - because we don't have surrogacy legislation in Ireland.
"Only the father is recognised, or has an ability, under family law to access the courts in Ireland - and to get a parental order and set aside the need for consent from the surrogate.
"In Irish law, the surrogate mother gives birth and therefore is the only recognised mother in Irish law".
Senator Kearney says many expectant parents through surrogacy have been helping the mothers.
"Families that were expecting a baby have worked very much with their surrogate mother, and her family, to support them in coming out of Ukraine.
"[They are] either coming to Ireland, as some have done, and others maybe have links to the neighbouring countries like Poland - and so the baby is going to be born in Poland or Romania".
And she says surrogate mothers are aware of their rights under Irish law.
"The surrogate mother always has independent legal advice from the very beginning.
"Any surrogate mother giving birth to a baby in any country in the world, that is going to be a baby that is entitled to Irish citizenship, is advised... that she is always going to be the birth mother in Ireland, until such time as we bring in legislation".
