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
Ms Elaine Cohalan:
On the first question, which was about altruistic versus compensated models, I have a letter. Our legal and medical practitioners weigh in on the technicalities but, at Equality for Children, we want to ensure that the rights and best interests of all parties involved in a surrogacy journey are upheld. We would like this committee and the upcoming committee to investigate appropriate models of compensation for surrogates, who give such a wonderful gift in helping people to create their families.
On the question in respect of sanctions, this is the one piece on which I slightly disagree with Professor O'Mahony's report. The idea of awarding parentage needs to be turned around slightly. The awarding of parentage is the awarding of equality to the child. Withholding it penalises the child. I would like the committee to investigate options through which legal sanctions could be applied to parents, medical practitioners or fertility clinics that do not abide by the law in a way that does not impact on a child's right to equality before the law. There are ways in which our laws can be an invisible protector and enabler of our children's best interests. I would worry about sanctioning people through the withholding of parentage because that means withholding rights from the child. I know Mr. Kenny also wants to come in on this point, if that is okay.
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