Oireachtas Joint and Select Committees

Thursday, 12 May 2022

Joint Oireachtas Committee on International Surrogacy

Rights of Children: Discussion

Photo of Sharon KeoganSharon Keogan (Independent) | Oireachtas source

I thank Ms Nic Dhomnhnaill and Dr. Muldoon for their statements this morning. There is no doubt these children are very wanted children. We have seen that in recent weeks via testimony of parents who have come before the committee. However, it is clear from the discussion this morning that there is a Pandora's box of psychological issues surrounding surrogacy. My first question is for Ms Nic Dhomhnaill. As a person who works in the area of child psychology, particularly in the context of families where the parents are undergoing a divorce, she has obviously seen cases where children feel some form of responsibility or guilt for the separation of their parents. That can tie into feelings of abandonment that can be very damaging to a child's sense of self and strong core identity. I ask her to comment on the possible psychological effects of a child finding out that he or she was conceived through surrogacy and then having to wait until attaining the age of 16 or 17 to request identifying information that he or she will possibly never receive.

My second question is for Dr. Muldoon. I wish to put on record comments by the commissioner for children's rights in Ukraine, where commercial surrogacy is common and, indeed, a growing business. The Commissioner of the President of Ukraine for Children's Rights, Mykola Kuleba, has stated that surrogacy in Ukraine is unregulated and violates children's rights. According to him, surrogacy is the exploitation of women by private businesses in order to earn income and meet the needs of adults, but it violates children's rights. He stated:

I am categorically against commercial surrogacy. It is the objectification of the child and its positioning as a commodity.

What is the view of Dr. Muldoon on those comments? How does he consider that surrogacy protects the best interests of the child, their right to identity and their access to origins? It leaves these children in statelessness for years because adults have focused on their rights rather than those of the child.

Dr. Muldoon's role as Ombudsman for Children involves the investigation of complaints about services provided to children by public organisations. On Tuesday, Deputy O'Gorman apologised on behalf of the Government to all of those who had been hurt by the legacy of illegal birth registrations in this country. Is it possible that the complex nature of international surrogacy and particularly the manner in which the rights of the children, surrogates, donors and prospective legal parents can come into conflict may lead to a future apology to persons who are hurt by this system being necessary?

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