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 Elaine Cohalan:

I will field the questions first before passing over to my colleagues. I thank Deputy Murnane O'Connor for her questions and observations on our testimony. As to her first question on what legislators can do, public policy and departmental operations are all informed by legislation. If the legislation is not there, Departments cannot do something. They lean on legislation. In terms of the children's allowance, maternity benefits, medical needs and so on, the change has to start with legislation. As Mr. Kenny Moore mentioned, there are workarounds in some Departments but not others. Sometimes, it is dependent on the attitudes and compassion of public servants.

Regarding a national register, the Children and Family Relationships Act 2015 set a precedent with the national donor register. There is a proposal for a surrogacy register in the AHR Bill. We are all in agreement with that proposal and that children born through AHR should have access to their genetic heritage and identifiable information where possible. There is no member of our body here who would not agree with that.

I will let some of my colleagues speak about the particular challenges presented by passport and medical issues.

The Deputy asked what legislators could do in terms of counselling. It is important to recognise there are lifelong impacts for people. A public funding model for medical treatment and counselling would be welcomed across the board.

I will make a final point about the situations the Deputy described, for example, her constituent in the car park. We hear and experience those stories every day. People and their families are in vulnerable situations and relying not only on the kindness and compassion of professionals but on professionals taking professional risks. They are not protected by legislation if they vaccinate someone's child or allow that person to go through border control with his or her child to travel on holidays when that person is not technically deemed the child's legal parent. In the majority of cases, people are kind and compassionate, but we are left in incredibly vulnerable situations fearing one of those situations could quickly turn into a very negative experience, for example, being denied a medical intervention or permission to travel or a child being taken away. These situations can escalate in that way without the kindness and compassion of, and professional risks taken by, those public servants. As such, I would also ask legislators to protect and support public servants who are being compassionate and kind.

I will now hand over to my colleague, Ms O'Connell, who wishes to address some of the Deputy's points.

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