Irish couples who are pursuing surrogacy in Ukraine learned this week that the country has been added to Ireland's mandatory hotel quarantine list by the Department of Health.
Sinead Gallagher-Hedderman and her husband Mark are in Ukrainee following the birth of their baby boy Theo to a surrogate eight days ago.
Mark learned on Saturday night that Ukraine has been added to the quarantine list.
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The couple looked at the exemption list but could not get clarification as to whether they were exempt.
They thought they could request an exemption at the Irish consulate in Ukraine where they will be getting emergency travel documents on Friday to take baby Theo home.
In Ukraine, the surrogate mother has no legal or parental relationship with the child.
The child is born stateless until the father's DNA test proves that he is the biological parent.
When the Irish father is an Irish citizen his child from birth is an Irish citizen.
That is the basis upon which the Irish Consulate in the Ukraine issues emergency travel certificates, to allow the babies travel back to Ireland.
The Department of Health says mandatory quarantine exemptions can only be sought once a person is in Ireland having entered mandatory hotel quarantine.
The Department points to the website, which states that if a person believes that they are not required to undergo quarantine or are required to leave quarantine early, they may request a review.
It says this can only be done once a person is already in quarantine - which means a person cannot request a review before travelling and Defence Forces in the hotel can provide further information on how to apply.
Mark and Sinead live 10 minutes from Dublin Airport, where they wish to quarantine with Theo.
"To be brutally honest", says Mark, "from my perspective, there's no way in hell I'm going to go to a hotel back home. It's not in the confines of what I'm willing to do, it's just not".
Sinead points out it is not just about their family; clarification is also required for other couples who are planning to travel for the birth of their babies.
A growing number of Irish couples are having their babies through surrogates abroad.
There are several couples with their babies in Ukraine who will be travelling home.
There are also couples who are due to travel from Ireland for the birth of their babies over the coming weeks and months.
According to Solicitor Annette Hickey, these couples are distraught to learn that Ukraine has been added to the mandatory hotel list.
She believes the exemptions outlined are not in keeping with the Government regulations of the Health Amendment Act 2020.
In that Act, an "exempted traveller" is defined as being in possession of written confirmation from the Minister for Foreign Affairs that the person has an urgent humanitarian reason for so travelling.
"When you look at the legislation and you look at the regulations, an 'exempted traveller' to my mind means someone, when they are coming into the country, know that they are exempt from this requirement.
This couple travelling in with their baby will be categorised as an 'exempted traveller', if the Minister for Foreign Affairs provides them with written confirmation that they travelled out of the State for "urgent humanitarian reasons".
Ms Hickey believes this could be done at the Irish consulate in Ukraine.
She says that there is nothing more urgent than the birth of one's child and nothing more humanitarian than ensuring the child has its parents with him or her from birth.
"On all levels it's unimaginable to think that these babies are going to come into Ireland and be escorted by bus, by the Army, to some hotel facility for two weeks. I don't think that's the Ireland that anyone would like to say we treat or look after infants."
Between the feeds and getting to know their newborn baby, Sinead and Mark are awaiting clarification.
"I wouldn't put anybody else through this, that's a fact," says Mark, "I really wouldn't".
