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)

Ms Justice Bronagh O'Hanlon:

I am very grateful to my Canadian and US colleagues, and I thank Ms Wasser for the correction. I am very interested in that because if we dispense with the need for the genetic link, it means that the second parent as it were, with a pre-birth order, can have full rights as parent upon birth.

It does away with that distinction which, when I wrote my initial paper, I found extremely hard. The second parent at the time in Ireland could have to wait a good two years, perhaps, and apply to have that status improved. We all know the long journey it is for people to have children. It is a wonderful achievement for most states in the United States and Canada.

I have been asked what would be the view of my colleagues. I have been retired since last November and I dare not speak for my fine colleagues but I can imagine it because they love regulation. If it is on the tin, their job is to implement it. It is over to the legislators now. It would be more than welcome, particularly with the worry that in the background there are unregulated cases that should be encouraged to come forward and not penalised. Where children are involved in our courts, it has never been a question of putting a sanction, where possible, unless there is a criminal offence, of course. These people should be encouraged to come forward and have their position regularised with humanity. I hope that answers the question.

Comments

No comments

Log in or join to post a public comment.