Oireachtas Joint and Select Committees
Thursday, 12 May 2022
Joint Oireachtas Committee on International Surrogacy
Rights of Children: Discussion
Ms Caoimhe Nic Dhomhnaill:
This Bill is about the rights of children but we also need to be inclusive of the surrogate mothers. My understanding and reading of the research is that the surrogate mothers do not have an intention to have and rear a child and that becoming a parent is about the intention to become a parent. The surrogates are reporting non-attachment to the children in question. I am in favour of legislation and of disclosure to children based on the view of Dr. Mali Mann, who has done a lot of research in the area, which I have mentioned. That view is that the surrogate mother should not be promoted in the child's eyes to a status that is in any way on par with that of the social or functioning mother. That is really important in the disclosure. The surrogate mother should be disclosed as another person who assisted in the child's coming into the world while the absolute significance of the functioning parents is maintained.
On the age at which children should have access to their records, I am not sure. I would need more time to think about it. I would have thought 18 but I am hearing discussion of 16 or 17 this morning. On the basis of my background in child psychology and adolescent psychology in particular, I would say that there is a peak of adolescence at which issues of identity reach a crisis point. This is referred to as the individuation stage of adolescence. All of the crises, including anorexia, bulimia and self-harm, are much more likely in what we call the middle phase of adolescence, the ages between 14 and 16. It is really important to consider the developmental stages of adolescence and to look to the age at which someone can seek out their records as being one beyond that peak of adolescence. I am not sure that the age of 16 is beyond that peak. That is my concern. It might be used as a weapon against the biological or functioning parent. Perhaps Dr. Muldoon would like to address the other issues.
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