Oireachtas Joint and Select Committees

Wednesday, 27 February 2019

Joint Oireachtas Committee on Health

General Scheme of Assisted Human Reproduction Bill 2017: Discussion (Resumed)

Dr. Lydia Bracken:

In the models of pre-conception arrangements that exist around the world most jurisdictions would stipulate that the surrogate - the woman giving birth to the child - takes all healthcare decisions. If any issue arises during the pregnancy, it is for the surrogate to determine. She retains her bodily integrity in that way.

I will preface my comments on a surrogate wanting to change her mind by stating that I am a legal academic as opposed to someone with specialist knowledge in sociology or psychology, but the research that I have read shows that such cases are highly unusual. At the previous committee hearing on this issue, a figure of 4% was mentioned. I am not sure of the origins of that figure, but from my research, in the United Kingdom there have been three reported cases in the past 20 or 30 years of a surrogate refusing to hand over the child.

That case has gone to court. Of course, there may be other cases or issues that do not make it to court or problems arising. Three difficult cases from what are probably hundreds of successful surrogacies indicate it is very unusual that a surrogate would want to change her mind.