Oireachtas Joint and Select Committees

Wednesday, 27 February 2019

Joint Oireachtas Committee on Health

General Scheme of Assisted Human Reproduction Bill 2017: Discussion (Resumed)

Dr. Lydia Bracken:

A number of options are available. Bilateral agreements are simply one option. That would streamline the process. We could have a bilateral agreement with New Hampshire stating that if any Irish couple was to travel to that jurisdiction to engage in surrogacy, provided all the steps had been followed, we would then recognise the parentage when they returned to Ireland. It may be possible also to do this without a bilateral agreement and to simply provide that once the couple returns to Ireland, they would be able to apply for a declaration of parentage, again recognising the two intended parents as the legal parents, provided they are able to provide documentation from a clinic stating that identifiable gametes have been used and other criteria that the State is happy with have been adhered to. It does not necessarily have to be through a bilateral agreement but that might streamline the process and make it a consistent procedure in every case.

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