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 Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I thank everyone for their presentations. I will get straight into the questions. We are looking internationally for those who have advanced a bit further in the surrogacy area. One thing that stands out, as it did in presentations this week and last, and causes my working-class woman's senses to start bouncing is talk about criteria. Mr. Vaughn mentioned criminal records and not being on public welfare. Does that relate both to intended parents and the potential surrogate mother? It is a big issue for me because I want to be part of a legislative process in Ireland that accounts for international surrogacy in a way that protects people. I do not want to be part of a system, however, that in any way discriminates against the rights to family life for some people. We do not want some sort of utopian, luxury surrogate system and I want to ensure people who may not have had the same privilege in life, whether it is down to class, race or ethnicity, also have the same type of access. Will Mr. Vaughn explore a little more why this is the case? Will Ms Hickey and Ms Justice O'Hanlon speak to how, in Ireland, we can create a system that is not only efficient but is inclusive?

The next questions may be for both Ms Justice O'Hanlon and Ms Wasser. Ms Wasser explained how the genetic link could be constitutionally challenged. Will she explain how that would happen in Canada? Will Ms Justice O'Hanlon, in response, discuss using her constitutional knowledge if there are similar avenues here in Ireland to be able to challenge the idea of a genetic connection through our Constitution?

My next question relates to the pre-conception piece and may be relevant for either Ms Hickey or Ms Justice O'Hanlon. It is interesting, going on what Professor Conor O'Mahony said, being able to front-load the process. Does that pose any problems for us if we are front-loading a process for something that potentially does not yet exist? If it is pre-conception, which means conception has not happened, how do we begin the process and what would that look like? We are talking about what might be hoped to be a future existence. Is there any issue with that or is it still straightforward to begin such a process pre-conception?

In regard to the idea of a pre-conception order, I know Professor O'Mahony speaks very much about domestic surrogacy, but would such a process be easily applied in the case of international surrogacy as well or would there be a two-tier system? We would have to regulate for no genetic connection if we advocate for a pre-conception approach. One would not be able to prove genetic connection in the case of pre-conception. We would need to regulate for the idea of having no genetic connection before agreeing to the pre-conception approach as they are contingent on each other. Is my understanding of that correct?

On the declaration of parentage, I have a question that is more for my information and I do not even know if it is relevant to legislation or our process. If a person can be declared as not a parent, does it mean anybody can declare himself or herself not a parent, even if the people in question have a genetic connection? Does that only apply with regard to surrogacy or does it apply in general family law? Is it overarching legislation or does it apply specifically to surrogacy?

There is reference to "any person with an interest in a child" in the declaration of parentage. Does that pose any sort of issue for surrogate mothers or husbands? Can anybody declare an interest? Will the witnesses explain the process a little more to me because I am not sure if I understand it correctly?

Comments

No comments

Log in or join to post a public comment.