Oireachtas Joint and Select Committees

Thursday, 7 April 2022

Joint Oireachtas Committee on International Surrogacy

Surrogacy in Ireland and in Irish and International Law: Discussion

Mr. Niall Redmond:

I thank the Deputy for her question, which probably reflects the complexities involved. There may be a number of different vehicles, if we are looking for policy solutions, legislative solutions or both, in this area. I know that some of the potential options were described towards the end of the issues paper. There are a number of ways of looking at it, and a number of ways of trying to find the right balance in terms of the various rights involved. None of them represent a very simple or easy solution, as we know. The main thing to be doing in this space is to be looking at those options, to consider them in more detail and to consider the views from the range of stakeholders involved that have an interest in this area. In terms of the Health (Assisted Human Reproduction) Bill, as outlined already, we have set proposals on legislative provisions around the treatment of domestic surrogacy and a whole range of criteria, conditions and processes around that. Obviously, key in some of those, as set out in our opening statement, are issues around the prohibition of commercial surrogacy for the reasons outlined. One of the things we are particularly concerned about in the Department is that whatever the intervention may be in terms of how we treat international surrogacy and find solutions in that space, they are not in conflict with our domestic regime.

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