Oireachtas Joint and Select Committees

Wednesday, 17 January 2018

Joint Oireachtas Committee on Health

General Scheme of the Assisted Human Reproduction Bill 2017: Discussion

9:00 am

Ms Geraldine Luddy:

We have specifically prohibited commercial surrogacy in the general scheme of the Bill. There are also significant provisions with regard to consent and counselling in the context of surrogacy agreements.

All surrogacy arrangements will have to be pre-authorised by the regulatory authority that is to be set up under the scheme. We have also said that both the surrogate, as well as her husband if she is married, and the intending parents should take legal advice. Surrogacy means a woman is going to carry a child for another person and that she does so freely. For medical issues there is the Non-Fatal Offences against the Person Act and forcing treatment on a woman is covered by significant penalties in other legislation. There are checks and balances and the authority will have to authorise the agreement before it can continue. There are steps at each stage and we have done as much as we can do.