Oireachtas Joint and Select Committees

Thursday, 14 April 2022

Joint Oireachtas Committee on International Surrogacy

Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed)

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

I have just one point, which is not related to international surrogacy although it is aligned to it. This is the issue of reciprocal IVF in same-sex female couples. An anomaly has arisen either from the Child and Family Relationships Act or from a situation that is not addressed in the AHR Bill. While this is not surrogacy either, it is analogous to it. The situation in law at the moment is that if there is a same-sex female couple who have done reciprocal IVF, the gestational parent within that is not the biological parent. Rather, it is the other partner or wife. If they happened to go out of the country on holidays and they happened to go into labour early, their child will not get citizenship. There is an anomaly on citizenship rights and parental rights. Citizenship may need to be addressed. Because the partners are female and not male, there is an issue there. I am acknowledging that that is going on, because it is a huge issue for same-sex female couples. Does Dr. Mulligan have any comments on this, from her experience?

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