Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

I am delighted to be here to discuss such an important topic. It is really progressive that we have established this committee, and I am delighted to take on the mantle of Vice Chairman. There are so many families throughout the country, including in my constituency, that have become families through surrogacy. I do not agree with some of the phrases used by the previous speaker. I do not believe that these families are exploitative and I do not believe that their children are victims. I believe that we need to get to a point where all parties involved in the surrogacy process are treated equally and fairly, and that there are legal rights and recognition for the children and, in particular, their mothers. I say "their mothers" because as the issues paper that we were given ahead of today's meeting clearly states, "The intending mother of a child born through surrogacy, not being the birth mother of that child, is not entitled to apply for a declaration of parentage" under the Status of Children Act 1987. That holds, even if it is the intending mother's egg that is fertilised during the process. As so many mothers know, guardianship cannot be applied for for two years. That creates all sorts of issues in custody disputes, inheritance complications and situations where mothers who are caring for their children are not even allowed to sign permission slips for them. That is why we are here. That is what we need to resolve.

It was really interesting to hear from our three speakers today. Ms O'Keeffe clearly outlined the current situation and the legal parameters. Mr. Duff explained how we all have the children's rights at heart. I think every one of us does. From Mr. O'Connor's perspective, and I would like to put my question to him, he stated that no EU member state has legislated for international surrogacy and that instead, some have adapted existing family law to deal with the issue. We are all here today because we have not been able to adapt existing family law to deal with it. Does Mr. O'Connor think this is something we can do? Does he think we need stand-alone legislation on it or can the issues be ironed out as part of the Health (Assisted Human Reproduction) Bill 2022?