Oireachtas Joint and Select Committees

Wednesday, 9 April 2014

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of Children and Family Relationships Bill 2014: Discussion

10:30 am

Dr. Mary Wingfield:

International guidelines and documents relating to this area show there is a risk with assisted reproduction nowadays that vulnerable, poorer people can be exploited if they are paid to donate eggs, sperm or embryos or to undertake surrogacy. It is a case of achieving a balance. On the other hand, if there is no compensation then it is very difficult for people who want to have a child to access donor eggs or sperm or surrogacy services. It is a question of achieving some balance, whereby people who genuinely wish to help women or couples to conceive are compensated and given some recognition. However, international evidence shows that poorer women are exploited with regard to surrogacy, particularly, and also with regard to donor eggs; it is not such an issue for donor sperm.

On the point about the penalties being unworkable, the Bill provides that if a person or couple undergo a commercial surrogacy arrangement - commercial surrogacy is available in the US and in India - they could be imprisoned. If a couple go through that procedure because it is the best way they can find to have a child and they have just achieved their longed-for child, for them to end up in prison is not in the best interests of the child, and in our view this provision will be unworkable. It is a draconian measure, in our view.

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