Oireachtas Joint and Select Committees

Tuesday, 1 February 2022

Joint Committee On Children, Equality, Disability, Integration And Youth

Rights of the Child in respect of Domestic and International Surrogacy: Discussion

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I thank everyone for their contribution. It is an important issue and one which I care about but am still learning about. I hope my questions are suitable and allow us to have a helpful conversation. My questions are geared towards Professor O'Mahony and Dr. Bracken. They are more legal questions about understanding how to move forward with the legal framework. I feel I am coming from a deficit of understanding but I hope the questions are pointing in the right direction to get closer to understanding the issue. Apologies if they are not.

Ms Merrigan mentioned the constitutional rights of children, their access to them, how important they are and how the legal framework we create will allow kids and families to access those rights. Are there any other constitutional legal barriers to creating the legal framework to do that? There is the right to identity and the fact that in Irish legislation it is the process of giving birth that is deemed to determine the legal mother. Is there any constitutional aspect preventing us getting to that point in the upcoming legislation?

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