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

Professor Conor O'Mahony:

I thank Deputy Murnane O'Connor. That is a very big question, given the number of different details that arise in this context. Like many members of this committee, I find it a little disappointing that all of a sudden there is a huge rush after so many delays. Of course, this is time sensitive for individual families, but at the same time this is once-in-a-generation legislation that will regulate this area for a long time to come. From that point of view, rather than rushing something before the summer recess, my preference would be for it to get more time if it needs it to get it right rather than rushing something through that will have gaps or which will be problematic at a later point. Loath as I am to suggest something should take longer when it has already taken this long to get here, there is a time for haste and there is a time for a more considered approach. In this context, we have legislation that has taken an overly narrow focus, that is only looking at future domestic surrogacy, and is doing nothing at all about international surrogacy or retrospective cases that arose before the Bill came into place. It is far from comprehensive legislation. It will exclude potentially as many people as it includes.

From that point of view, I would think it better to slow things down a little and get it right than to meet a relatively arbitrary deadline of the summer recess.

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