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:

If I am to read Professor O'Mahony correctly, it would be intended that the commissioning parents would be on the birth certificate in both situations, with a separate register kept by the State, probably along with the registry of births, deaths and marriages. It would be that type of situation. This is so that there can be genetic tracing, if necessary.

On the issue of the age of the child, I do not have a personal view, save to say that good advice should be sought. You can have a very precocious eight- or nine-year-old where you might be seeking advice because the child is asking so much and needs to know. You get the appropriate advice, be it a psychologist or counsellor in that area.

Do I think it is rushed? I am invited here as a guest of the committee. It is not for me to tell the committee how long it needs to take. However, I would view the legislation as quite urgent. My advice would be to take the best you can get internationally from best practice and amalgamate this into a very progressive Act where Ireland would be a leader. It is important to have bilateral agreements in place. I do not think it will be too rushed in that context.

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