Oireachtas Joint and Select Committees

Thursday, 12 May 2022

Joint Oireachtas Committee on International Surrogacy

Analysis of the Issues Paper

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

We could have a green light and a presumption that an emergency travel certificate for the baby would be issued and an interim parentage order to cover any issues that would arise once the child leaves the jurisdiction in which he or she is born. In that jurisdiction, if the parents are on the birth certificate, those parents have all the rights that flow from it. The minute they step on a plane and come back to Ireland, they suddenly do not have the right to consent for medical treatment or such things. The two elements are not mutually exclusive. We can have a presumption and a green light if it looks like everything is there with a follow-up remote hearing and perhaps some interim arrangement that checks in and verifies that payments are going directly to the surrogate. There would be safeguards in place that must be proven along the course of the pregnancy. Ultimately, there would be a hearing that gives an opportunity for the surrogate to object so she is maintaining bodily integrity and has an opportunity to voice an objection to say the process was fraudulent or otherwise, for example.

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