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

My third question concerns the definition of commercial surrogacy, and the fact that there is not a recognised definition of it. We have everything from compensated surrogacy, as in the Canadian model, all the way through to absolute exploitation and criminal behaviour. I think the term "commercial surrogacy" can be weaponised in the hands of those who do not want surrogacy. They will draw attention only to the extremity of criminal behaviour, rather than understanding what it is. In Ms Gamble's experience, when UK judges look at a situation where money has exchanged hands, how do they discriminate between commercial and compensated surrogacy, and where is that permissible line drawn?

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