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)

Ms Natalie Gamble:

It is a really good question. We should not make presumptions about women not being capable of consenting to something just because they live in a certain place or they are from a particular socioeconomic background. As well as being a lawyer I am one of the founders of a surrogacy agency in the UK that operates on a non-profit basis called Brilliant Beginnings.

When we set up Brilliant Beginnings we wanted to create a real best practice model for ethical surrogacy. We have a really detailed process in terms of verifying informed consent for women choosing to come forward and offer themselves as surrogates. That includes a whole process over a series of months where we have in-depth discussions with surrogates about what is involved and what it will mean for families, children and partners. We discuss practicalities and ensure they have private and confidential implications counselling so they can explore their feelings around that. They have a psychological evaluation with a clinical psychologist specialising in this area. They have independent legal advice. We do a home visit.

There are criminal record checks and we take up references. There is a process that goes into making sure these women really understand what the process involves. They know what they are signing up for. They really do want to do it. They are prepared for the process. This is the gold standard of ensuring consent. It is about making sure women have all of this information. Surrogacy takes place in many different contexts. We need to make sure as far as possible that wherever it takes place we get as close to this standard as we can and that the women are given all of the information, they are free of pressure from anyone else and there are independent professionals safeguarding their interests and advising them. These are the best ways to ensure a woman has given informed consent.

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