Oireachtas Joint and Select Committees

Thursday, 21 April 2022

Joint Oireachtas Committee on International Surrogacy

Surrogacy in Ireland and in Irish and International Law: Assisted Human Reproduction Coalition

Ms Claire O'Connell:

I thank the Senator for the questions and kind words. What I should say first and foremost is that I am not concerned that anyone at this table or anyone whom they represent is going to engage in any exploitative practices. When I was drafting this, what I was concerned about first and foremost were the concerns that had been raised consistently. I felt it was kind of necessary, therefore, to include some provision. I basically have five provisions that the court must have regard to in making its determination. One of these is whether the compensation was not to such an excess as to render the agreement exploitative having regard to the standard of living in the relative jurisdiction. I stole that last part from Dr. Mary Wingfield, who gave evidence to the committee a couple of weeks ago. First, I completely agree with what the Senator said about including emotional exploitation of some kind and the pressure that might put on people, even altruistically. Therefore, yes, the amendment is accepted, absolutely.

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