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
Lynn Ruane (Independent) | Oireachtas source
I thank everyone for their presentations. My first question is for Dr. Bracken. With regard to pre-birth and post-birth agreements, what is included? Is it only parentage? If it is a post-birth agreement, does that ever conflict with any health decisions that need to be made during labour if, for example, something goes wrong or if there is a threat to the woman's life? What is actually included in a pre-birth or post-birth agreement? Does the woman's life still have protection if something awful were to happen? Does the agreement affect that in any way, shape or form?
Obviously, the pathway to parentage is the preferred option but have there ever been other mechanisms in law used to give temporary rights with regard to consent for medical care? The first thing that comes to mind would be care orders, although that would be an overreach. Have any other mechanisms within the law been explored in the interim while the parental orders are being assessed to deal with that two-year wait before giving the other intended parents the right to consent in respect of education, medical care or passports? Those are my two questions for Dr. Bracken. I will then come to Mr. Lennon and Mr. Kenny Moore.
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