Oireachtas Joint and Select Committees

Thursday, 19 May 2022

Joint Oireachtas Committee on International Surrogacy

Preventing the Sale, Exploitation and Trafficking of Children: Discussion

Ms Julie Ahern:

We are very clear that we need to look at the retrospective piece and that legislating now, while forgetting what happened previously, is very problematic in the context of the child's right to identify. In order for children to be able to access their identify rights at a later age, they need to have the same protections, including the right to identity, that child who will be born after this legislation comes into force will have. We need to ensure that children's identities are protected and to consider their best interest in the right not to be discriminated against. Forgetting about the retrospective piece in this legislation is a big gap. It was a point well made by Professor Conor O'Mahony, in that we already did that with the Children and Family Relationships Act. There is a small retrospective piece within that legislation but it does not cover everyone. It is worth looking at that example and learning from it so that we can ensure that children can have their rights vindicated, particularly the right to identity and not to be discriminated against based on timing.

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