Dr. Lydia Bracken:

My academic research focuses on South African law and entails a comparative analysis. Its model for regulating surrogacy is very good. I chose to research South Africa because the constitution of that country very clearly and expressly protects children's rights. The relevant provision is much stronger than our Article 42A and expressly protects the best interests of the child. They have to be of paramount importance in every matter concerning the child. As a result of its own constitutional provisions, the surrogacy legislation there has been shaped in a way that really puts the rights of the children in the forefront. It uses a pre-conception model and the structure of the legislation provides a very good balance between the rights of all stakeholders and in particular secures the rights of children. That pre-conception approach would be a good blueprint for Ireland to follow. At the last hearing, the New Hampshire model was mentioned. It also takes a pre-conception judicial approach. I am not as familiar with that model but it is along the same lines as the South African one in that it is judicially authorised prior to conception. Those are very good models to consider.

We need to be cognisant of Article 42A and the rights of children, particularly in the context of ensuring that the rights of all children are respected and that there is no discrimination between children by virtue of the fact that they have been born through donor conception or surrogacy or any other form of conception. That is a very important point to bear in mind. Once our legislation is child focused I do not see any potential constitutional issues arising.