Dr. Lydia Bracken:

It is really a matter for the Legislature as to what form the Bill takes. I only want to see the provisions in place, regardless of where they sit. I would not like to see another Bill being proposed at this stage. International surrogacy needs to be dealt with in the existing Health (Assisted Human Reproduction) Bill 2022. There is a danger that if it is pushed into another piece of legislation, it would be merely pushed down the line and would not happen for several years when there are a number of children who have already been born through surrogacy internationally and children will continue to be born through surrogacy internationally, the vindication of whose rights cannot be delayed any further. If we are to address international surrogacy, it needs to be done in the current Health (Assisted Human Reproduction) Bill 2022.

I suppose I am quite sceptical about the timelines on the basis of what happened with the Children and Family Relationships Act 2015. It was enacted in 2015 but not commenced for a further five years because, first, there were typographical errors and they needed amendments by amending legislation, and then more errors were identified so that there was more amending legislation meaning that it was a five-year delay ultimately. We cannot have another five-year delay in terms of addressing international surrogacy or any other aspect of assisted human reproduction.

We also cannot look at international surrogacy in a vacuum. It needs to be consistent with the other provisions in relation to domestic surrogacy and with our current regulation of donor-assisted human reproduction. It needs to be addressed in one comprehensive piece of legislation and it needs to be done as soon as possible but in a way that ensures that all of the relevant aspects are addressed.