Oireachtas Joint and Select Committees

Wednesday, 20 April 2022

Joint Oireachtas Committee on International Surrogacy

Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed)

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

Okay. That is great. That brings us to the countries people would go to. We are hoping to have an assisted human reproduction authority here. My hope is that would be a place of knowledge and experience about what has happened or about surrogacy and even within Ireland about recommended clinics, licensed clinics abroad, and maybe recommended countries and clinics within that country so we would have some repository of all that information.

That brings us to how to examine a country. I practise privacy law professionally. Article 45 of the GDPR supplies the criteria that are looked at for adequacy decisions on allowing the transfer of personal data abroad. These look at issues such as human rights and the rule of law in a country. Article 45.2 specifically sets out the criteria that are to be looked at when an adequacy decision about a country is made at an EU level. What we put into our law could be analogous to that. We could have criteria such as ensuring there is independent legal advice, recourse to the courts - and that must be easy access to the courts - rule of law and professional medical and legal standards. Do our guests have any suggestions for what could go on such a list to advise people to travel to particular countries, or more importantly to advise them against travelling to specific countries, to avail of surrogacy?

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