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
Ms Tracy O'Keeffe:
It is an interesting question. Since commencement of the Children and Family Relationships Act, where a donor-conceived child is born and all the procedures of the Act have been complied with, the second parent can be registered as parent immediately. The presumption that has for a long time applied in relation to opposite-sex couples is there for the reasons my colleague has explained. It may be more difficult in a same-sex couple situation where the question of the biological possibility comes into play. In the case of a same-sex male couple, a woman who is not a member of the couple had to give birth to the child. There may be issues in terms of what can logically and legally be presumed.
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