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

I thank our witnesses for sharing their professional perspectives with us. It is valuable. Dr. Wingfield said we should not rush this legislation. While we all agree with her on that point, this committee has been given the challenging task of producing a report on international surrogacy within 12 weeks. We can only do that if we engage with stakeholders, and with the right stakeholders. I refer to people from the medical profession, like the witnesses, and legal experts, whom we engaged with this morning, as well as hearing the lived experience of families who have been through this process. Therefore, it is welcome that the witnesses are here today to share their expertise with us, and I thank them for that.

I was struck by something Dr. Wingfield said because it simplified an extremely complex area. She referred to international surrogacy being here already and that it will continue. For me, that sums up exactly why we need to legislate in this regard. We would all like to get to a place where IVF treatment is publicly funded. Dr. Wingfield articulately outlined the challenges we are going to face in that regard, concerning where the funding will go and how it will work. This aspect is something we must be on the journey to doing. I note Dr. Wingfield also said the State already funds IVF treatment through the use of funding for drugs. Following on from that, is the State funding any aspect of surrogacy now, such as the freezing of eggs or the funding of transportation of eggs abroad?

I also commend Dr. Wingfield on the research she has done with the 245 healthcare professionals. I refer to 84% of them having agreed with much of what she has said here about parentage and when that should happen. It is worthwhile for us to have that information. While it might not be indicative of the whole healthcare service, it is certainly a good perspective and good research in that regard. I also welcome the sharing of Dr. Wingfield's experience that intending parents will want to do the right thing. Equally, I welcome the information she shared concerning the international experience of clinics so far in respect of donation being that they want to comply with our regulations. One issue we discussed in the first half of this morning's session was the regulation of agencies abroad and how difficult that is because we have no control over other jurisdictions. We discussed whether there might be a mechanism for us to almost incentivise couples to go with regulated agencies or those agencies we feel are meeting us when it comes to complying with the provisions of our legislation. A view was expressed early as well that the assisted human reproduction commission might be a way of doing that and simplifying parentage. I would be interested in hearing Dr. Wingfield's view on this matter.

I appreciate what Dr. Campbell said about counselling and it being important not just before surrogacy and it not being just a tick-the-box exercise. I had always thought of it as a before and after process, but it was interesting to hear Dr. Campbell talk about the journey from the children's perspective. They are going to be asking very different questions when they are aged five, ten and then 18. I refer to the support which must be available to help to guide everybody through these very difficult conversations. I will definitely do some research on the arrangements in the state of Victoria, which Dr. Campbell referred to. I note as well the upper age limit and the rationale for that, which makes sense to me.

This is a clarification question. One thing Dr. Wingfield mentioned was that she wanted to avoid multiple pregnancies. I did not really understand that. Will she talk me through that? My three questions are around the funding, the regulation agencies and that clarification on multiple pregnancies.

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