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 Rachel Rowley-Smith:

I will clarify my story, if the committee is happy for me to do so. I was born soon after Ms Kim Cotton's surrogacy story came out in the open. Therefore, the Act had to be rushed through, so surrogacy was still very new and no one knew what was going on. When I was born, the situation was very much up in the air. I do not believe that COTS was around at the time - I was probably just before it. I was born in Wales and raised in England. When I was brought home to England, the local council had never come across anything like it before and did not know what to do. Even though it took from 1987 to 1996 for me to be formally adopted - I was adopted by both parents, including by my father, who is my biological father - it was not because there was any restriction or people did not want it to happen. It was just that people did not know what to do. That, in itself, stresses how important legislation is. Eventually, after my situation had gone before courts here, there and everywhere, I was formally adopted in 1996.

Legislation is important. My parents were under stress. In the previous session, mention was briefly made of having what was almost a legal guardian for a cooling off period or whatever. I lived with my parents, but someone was assigned to me who, if need be, I could go to to be looked after. There was also stress on my birth mother. She had made this arrangement. She never saw it as a transaction and always saw it as helping people who could not have children. The courts repeatedly going back to her for all those years asking her whether she was sure about it was stressful. I cannot imagine the stress on all of the parties involved.

I was fortunate to have been so young that I had no clue about what was happening. I was oblivious to it. I only found out three years ago. I do not hold regrets. With the lack of information available, I do not blame anyone because I do not know what I would have done in my parents' situation. I cannot empathise, so I cannot comment. However, for future surrogacy, it is extremely important that a child know. I believe it was Ms Roberts who said that there was never a big sit-down for her. It was just what she had always known. I wish that had happened in my case, but I am not angry and do not hold grudges against anyone for the way my story came out.

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