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 Erin McGreehanErin McGreehan (Fianna Fail) | Oireachtas source

Every time I enter this conversation I get confused, so forgive me. There is an endless range of different scenarios. Each surrogacy scenario is completely different. It may involve same-sex couples, those with a genetic link or without such a link etc. Dr. Mulligan mentioned that the surrogate should have those legal rights and I will follow up on what the Chair asked. Should the rights apply just for the short time or should the legal rights apply indefinitely, even if the intending parents are to be parents? Is it about tripartite agreement in a way, with parental rights for the intending parents and the surrogate having an indefinite legal right? If that surrogate had an indefinite legal right, what sort of consequences would there be in the long term? I am thinking about inheritance or the rights of a child to such inheritance if there were no other children in a surrogate mother's life. It opens a number of other questions. There is also the right to identity and knowledge of the surrogate, which is very important. There is the legal right of the child relating to the other and vice versa.

I will follow up previous points on pre-birth orders. I understand what Dr. Mulligan has said about them and how they might end. Is there a method of legal continuance for the pre-birth order to be set in a framework with the possibility of veto? The pre-birth order may be there for everybody's protection for a period. For want of a better phrase, it is some sort of contract. Would there be follow-through so it go from the pre-birth period to post-birth, thus ensuring the intending parents would do everything in a proper way, for want of a better legal description. I have some more confusing questions in my head if Dr. Mulligan wishes to listen.

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