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

Dr. Lydia Bracken:

The determination of parentage for the purpose of Irish law would not be recognised in Canada. Thus, the Senator is correct in saying even if we in Ireland decided that upon the birth of the children the intending parents are the legal parents it would completely depend on where the child has actually been born as to whether the parents in that country are recognised as legal parents at the time and if the child needed immediate medical treatment in that country who would be able to consent to it. We cannot control those particular decisions. It probably becomes relevant when issuing the travel documentation for the child to come back home again. Again, there are ways to address that to ensure the child gets home safely and then the determination can be made about the recognition of parentage.

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