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

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

It is obviously a matter that is coming up and that we do need to consider in the context of those safeguards anyway.

My other question relates to passports. Am I correct that a surrogate mother, as the legally recognised mother of the child, is the guardian under Irish law but if she is married, her husband is joint guardian? That does not naturally transpose in Irish law, however, in the context of gay dads and the guardianship automatically assigning to the other non-biological intended parent. A non-biological husband of a surrogate has full guardianship but that does not happen in the other direction. Can that be fixed? What am I missing in the logic there? Why does the husband of the surrogate have more guardianship rights than the intended parents do?

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