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)

Dr. Andrea Mulligan:

I absolutely agree with the comment. I am not saying there should not be pre-birth orders and therefore if the surrogate changes her mind, she gets to keep the child and that is it. That is obviously not just either. Essentially, one must make a best interest assessment after the child is born. The courts would have to step in with such a change-of-mind scenario. Of course I am not saying the genetic parents should have no access to the child and it should not be their child. That is certainly not what I am saying. Equally, there is the case of the surrogate gestating the child; she is not nothing to the child, and it is really important to remember this.

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