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:

That is a good question. I do not know the answer. I have not looked at the current draft of that Bill, although I was familiar with earlier drafts. It possibly could have an effect. The question of unintended consequences is an important one in this context. The committee members will be aware that the intended mother can be appointed a guardian. That is an accident of Irish family law. It was not meant to be the case. It was never intended that that concept would be used for surrogacy, as far as I know. There is no public record of it. The answer to the Senator's question then is that there may possibly be an effect. It is necessary to examine all this type of terminology. The use of the word "mother" could be avoided altogether, and the word "surrogate" used instead. I do not think we have to describe the surrogate as a mother, and a surrogate would probably not want to be so described. Regarding drafting legislation, however, it would be necessary to be careful about the use of such language.

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