79. Deputy Liam Quaide asked the Minister for Foreign Affairs and Trade the documentation and procedures that will apply to Irish intended parents seeking to return to the State with a child born through surrogacy in Canada in December 2026, where Irish legal parentage has not yet been determined in respect of both intended parents; whether the Passport Service will provide advance case management to families in this position; the anticipated timeframe for issuing the child with a passport or emergency travel documentation. [58206/26]

All travel document applications are subject to the provisions of the Passports Act 2008, as amended. That legislation sets out specific requirements that any travel document applicant must fulfil, and issues of which the Minister for Foreign Affairs must be satisfied, before a travel document can issue.

The Department of Justice, Home Affairs and Migration has issued guidance as to the principles that will be applied by Irish authorities when considering (i) whether a child is an Irish citizen, and (ii) who the child's legal parents and guardians are, for the purposes of dealing with applications for travel documents on behalf of children born outside the State as a result of surrogacy arrangements, including the requirement to receive evidence of a child's genetic link to the commissioning father before a travel document can issue. This guidance can be found here - https://assets.ireland.ie/documents/childrens-issues-surrogacy-guidance-document.pdf.

Issues around surrogacy are complex and fact specific, relating to citizenship, parentage and guardianship. Each travel document application submitted to this Department in the context of international surrogacy is reviewed on its own merits having regard to the requirements of the Passports Act 2008, the above-mentioned guidelines, and the specific factual situation that applies.

With regard to the specific case to which the Deputy has referred, the intending parents should contact the closest Irish Embassy or consulate to the planned place of birth of the child who will provide guidance on applying for a travel document.