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 am indeed. I thank Dr. Mulligan for taking us through that. It is really interesting to get her industry experience and valid legal perspectives on this issue, because that is exactly what we are here to listen to. Dr. Mulligan has nailed some of the really big questions that are facing us as members of the Joint Oireachtas Committee on International Surrogacy. We have the tall order of trying to come up with legislation for a very complex area in quite a short space of time. It is really valuable that Dr. Mulligan has taken the time to come in here and talk us through her perspective on it. I agree with her point that the legislation needs to include international surrogacy in order to have an impact on children who have already been born through surrogacy. I agree that the legislation needs to cover those already born through it, and that it needs to regulate commercial surrogacy. I am interested in hearing what commercial surrogacy actually means. Dr. Mulligan spoke about compensation for loss of earnings for up to six months for women who go through surrogacy. Is that considered commercial surrogacy or not, or does it depend on whether it is done through an agency? If the surrogacy is done through an agency, I presume there are some benefits from a safeguarding perspective to ensure that there is no exploitation. I am trying to get to the nub of whether commercial surrogacy covers that, and if it is a good thing or bad thing, or both. On the question that Dr. Mulligan put to us in regard to the three routes we can go down - strict, moderate or liberal - when we are looking at how we categorise it and what we cover in this legislation, as outlined, according to the strict approach, surrogacy will only be lawful if it is carried out in Ireland under the Health (Assisted Reproduction) Bill. We are here, as a committee, to find out how we can get the Bill to go further to cover international surrogacy. The other two apporaches that Dr. Mulligan outlined, namely, moderate and liberal, are probably the two that we need to grapple with and understand a little bit more. I ask Dr. Mulligan to outline those a little bit more to us, and detail what she thinks the pros and cons of each are. Dr. Mulligan also mentioned the regulation from the courts versus the AHR Bill regulatory authority. I understand the court system and how it would work. How would the regulatory authority work? Are there pros and cons? What would be the quickest and least painful way for the intended parents to get recognition as parents? Those are my questions.

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