Oireachtas Joint and Select Committees

Thursday, 9 June 2022

Joint Oireachtas Committee on International Surrogacy

Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed)

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein) | Oireachtas source

Okay. I would ask that question also of Ms Wasser. Can Ms Wasser provide confirmation in relation to Canada - maybe it depends on the province - accepting the Ukrainian decision from an international element on parentage?

I wanted to ask both Ms Wasser and Mr. Vaughn about their personal experiences. Mr.Vaughn is in Illinois. In their situations, I am wondering if Mr. Vaughn and his wife were deemed the parents - given that he had his own children through surrogacy - from the start? That is another serious issue for people when they are in this legal limbo. If a baby - as I always say - is born premature or needs some sort of medical intervention, if there is a grey area over who the legal guardian is that obviously causes not only stress and upset, but serious issues for medical personnel as well. I was wondering if those were Mr. Vaughn's own experiences, if they were the parents from the moment the baby was born because that illustrates one of the serious difficulties that we have here.

My question for Ms Justice O'Hanlon is more to seek her opinion on this. From what Ms Justice O'Hanlon said, there have been judgments where the court states that it cannot legislate and it is over to the legislators. Does Ms Justice O'Hanlon believe that the Judiciary would welcome this being dealt with through the Health (Assisted Human Reproduction) Bill 2022 because this is the nearest mechanism to deal with it?

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