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:

Something I have proposed is that there could be a process whereby prior to conception there is a preliminary approval process by the assisted human reproduction regulatory authority. Something I have been incredibly impressed with in the 2022 Bill, although otherwise I have many issues with it, is section 12, which refers to an information document. This document is not meant to be legal advice but a good steer. It would set out in advance for somebody engaging in assisted human reproduction treatments on how it should be done, what is required and the outcome. In the international context we could have some level of pre-conception approval by a body that over time would build up expertise and information on what countries are very good and have lists of approved clinics. Each individual country will have its own level of regulation as to whom it gives licences. I imagine a standard will be imposed whereby people would only go to a licensed clinic. It is very doable. Strict enough parameters can be set, particularly prospectively, as to what must be confirmed before people go ahead, whereby they must have consent, legal advice and counselling. I want to reference one of the proposals for the English system, whereby a court process would not be required for green-lit countries where it can stated these countries do it appropriately and these clinics offer an appropriate system. It is an option. I do not know whether it is the option for now.

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