Oireachtas Joint and Select Committees

Thursday, 26 May 2022

Joint Oireachtas Committee on International Surrogacy

The Verona Principles: International Social Service

Ms Jeannette Woellenstein:

The ISS convened and co-ordinated a core group of experts that prepared the first draft of the principles. This core group was responsible for regularly reviewing and adjusting the draft in the light of wider consultations. Consultations took place in Verona, Zurich, Israel, London, Geneva, The Hague, Cape Town and Cambodia. They have involved a broad group of experts and observers, including the UN CRC committee, government officials, representatives of The Hague Conference on Private International Law, the United Nations Children's Fund, UNICEF, the UN special rapporteur, academics, members of the judiciary and practitioners from multidisciplinary backgrounds representing all regions in the world.

The lived experience of donor-conceived and surrogate-born persons were also sought and received.

The Verona Principles are divided into 18 interrelated principles that are all drafted from the standpoint of children's rights. They are inspired by, and grounded in, the provisions of the UN Convention of the Rights of the Child, its second optional protocol on the sale of children, and other relevant international human rights instruments. They stipulate comprehensive safeguards and protections for children born through surrogacy that should be established in relevant legislation, policy and decision-making processes. However, outside the scope of these principles are any ethical considerations as to whether surrogacy in any form should be permitted or prohibited. Hence the principles should not be used as a basis for condoning or encouraging surrogacy.

The Verona Principles are based on the premise that no child should be disadvantaged, suffer harm or be punished because of the circumstances of his or her birth. Compliance with the procedures and safeguards set out in these principles requires that regulation of surrogacy in any form excludes violations of the human rights of children, such as discrimination, statelessness, abuse and lack of access to origins. Forms that constitute or lead to the sale of children should be prohibited by law.

The principles are addressed to all states, public and private entities, civil society organisations, professionals and individuals, including surrogate mothers, intending parents and persons providing human reproductive material who are or may be directly or indirectly involved in surrogacy. It is our sincere hope the principles can assist the committee to hold informed discussions on the complex ethical, legal and human rights questions that are raised by surrogacy. I thank committee members for their attention.

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