Ms Ciara Merrigan:

I thank the committee for having us here today. Irish Families Through Surrogacy is a group of Irish parents who are campaigning for our children to have the protection and benefits of a legally recognised relationship with both parents. We are predominantly a group of Irish mothers who have already undertaken the surrogacy process to motherhood for many medical reasons such as cancer, endometriosis, cystic fibrosis, post-organ transplant, MRKH, multiple miscarriages, congenital heart conditions, stillbirth and unexplained infertility.

We are the voice of our children. We call upon our Government to act as a matter of urgency on assisted human reproduction legislation, with its primary goal to protect the best interests and welfare of our children. We need a positive, supportive and expedited process to protect the dignity and respect of all parties involved in the surrogacy process, namely, the child, the surrogate and the intended parents. Our children deserve equal fundamental rights and protection to those afforded to any other Irish child under Irish law. Currently, Irish legislation recognises the woman who gave birth as the legal mother of a child. The European Court of Human Rights has tasked its member states to find a pathway to secure legal recognition of family relationships. There can currently be a long wait until our children have a legally recognised relationship with their father within the State. There is variation within the legal process and this can take many months or even years. Intended mothers can only apply for guardianship of their children with permission of the father. This expires once our children reach 18. As we all know, parenting does not end at 18. Our children need a legal relationship with us throughout their lives, not just for childhood.

This is how the lack of legislation affects our children on a daily basis. As newborns, our children were unable to be legally accompanied by us, their mothers, for their vaccinations. If our children are hospitalised, we legally cannot give medical consent for their care. We cannot apply for first passports or sign consent to enrol them into crèche or school. We cannot open bank accounts for our children or travel abroad with them without their father’s permission. Effectively, our children only have one parent who can provide protection and stability. We worry that their awareness that “we’re not really their mothers" in Irish law will affect their future sense of identity and well-being and this will open them up to ridicule and bullying on the school playground in years to come.

Our children were created by us, albeit in a non-traditional manner. We are their constant and their advocates. They have no parents, no mammy or daddy, other than us. Our children’s needs are paramount. They need the stability and certainty of having the benefit of two legally recognised intended parents. They deserve the same access to the constitutional rights and equalities of all other children in society. As set out in the Constitution our children have “natural and imprescriptible rights” that the State should by its laws “protect and vindicate".