Oireachtas Joint and Select Committees

Thursday, 5 May 2022

Joint Oireachtas Committee on International Surrogacy

Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (Resumed)

Ms Claire O'Connell:

Exactly. It is a consideration for us. The last thing I will say is that the presumption of paternity can be rebutted. It is a rebuttable presumption on the basis of a genetic link. I would like it to be clearly set out that it does not apply in the context of surrogacy. I would also say that I am not of the opinion that a genetic link should be required in surrogacy for many reasons. First, we already allow double donation in donor-assisted human reproduction. We have already increased our protections of the social role and minimised the biological role in these specified contexts. For that reason, if there was no genetic link in the process, the presumption could not be rebutted and there would have to be a specified provision saying that the presumption of paternity does not apply to these contexts. I hope that makes sense.

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