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. Andrew Munro:
The challenge there is that the understanding in Irish law at the moment is about motherhood being linked to the birth mother. The challenge is to bridge the gap between the parentage that is assigned to the birth mother and to transfer it to the intending mother, and to ensure the rights and interests of the birth mother and child are properly taken into account. Ms O'Keeffe can say more about the basis for the two-year wait that exists at present in the guardianship provision. It predates considerations around surrogacy, as such, and is more about understanding that there is a subsisting relationship. Ms O'Keeffe can clarify further the state of the law as it is currently on guardianship.
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