Oireachtas Joint and Select Committees

Thursday, 28 April 2022

Joint Oireachtas Committee on International Surrogacy

Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion

Mr. GearĂ³id Kenny Moore:

I am here today, alongside my colleague and friend, Mr. Shane Lennon, to provide the committee with the perspectives and insights of the Irish Gay Dads organisation, and share our lived experiences.

I will briefly remind members of a few of the key facts that I outlined at last week's committee session. First, the organisation was created to give gay men who were interested in becoming parents, or those who are parents already, the opportunity to exchange ideas, information, experiences and build friendships. Second, the options for Irish based gay male couples who wish to have a child through surrogacy are very limited. Typically, our members become parents through gestational surrogacy in the United States, Canada or the United Kingdom.

What is life like for a gay male parent? Personally, I do not feel that there is one difference in how we parent compared with any other family. Like all parents, the well-being of our children is everything. My husband, Séamus, and I literally build the plan for each day around our three children who are called Mary, Seán and Anne. We put their needs and wants at the centre of everything that we do. We think of our children as the three most special people on this planet. They are considerate, kind and vibrant little people who carry giddy smiles and have imaginations that can turn any object into the most advanced aeroplane or doll's house.

Socially, Ireland is a great country in which to live as a gay dad. When Séamus and I bring our children to the local shopping centre or park people often approach us to say hello. Our experience of such encounters has been 100% positive. We have never encountered inappropriate questions, rude comments, labelling or stereotyping. That is not just a Dublin thing. I grew up along the border of Tipperary and Offaly and I will never forget the night of our first visit home following the birth of our children, Seán and Mary. We sat at my sister's kitchen table and we were surrounded by family, friends and neighbours, many of whom are quite elderly, and each of them with presents, knitted goods and food. All of them were there to celebrate the arrival of our two babies. I believe that this goodwill that we enjoy is not unique to me or my family. Let us remember that when the constitutional convention was called to discuss the idea of giving Irish citizens an opportunity to vote on same-sex marriage, an additional vote was taken on changing the laws around parenting to equally include the children of gay and lesbian families.

Eighty-one of the 100 delegates present that day voted in support of this motion. The Irish people are very surprised to learn, when we explain it, that the legislation families like us need has yet to be passed.

As I outlined last week, this lack of legislation affects our ability to parent and protect our children in many areas such as accessing education, welfare supports, medical treatment etc. We have outlined these issues in detail within our written submission. Therefore, I will not revisit them today. The above issues, however, pale into insignificance when it is considered what might happen to a child, if his or her biological and legal father were to pass away. Can the committee members imagine being in this situation, as the surviving non-recognised parent? You have just lost your husband and now you have to spend time focusing on how you are going to keep custody of your children. While, of course, that thought does not guide me in my everyday life, it does sometimes come into my mind. When that happens, I just freeze.

I would like to highlight the core elements of the surrogacy model for which Irish Gay Dads advocate. These elements include, first, ensuring all children are treated equally in the eyes of the Irish law, regardless of the method of their conception, pregnancy or birth. Second, we focus on prioritising the well-being of surrogate mothers. We want to ensure they are provided with access to independent medical, legal and psychological supports before making any decisions to proceed, while ensuring their bodily autonomy at all times. Third, we want to ensure children born through surrogacy have access to information regarding their genetic and gestational origins. Fourth, we need to ensure the intended parents are treated equally by providing pre-birth determination in relation to parental rights. Finally, we wish the State to provide retrospective legal recognition of the children who have already born through international surrogacy. We feel this is Ireland’s opportunity to be a world leader, to recognise the diverse and evolving nature of modern families, and to legislate appropriately. I ask the committee members to please use the positions they have been given to act on behalf of the parents, families and surrogates we represent and all those same-sex female couples who have thus far been omitted from the Children and Family Relationships Act. I thank the committee members for their time.

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