Oireachtas Joint and Select Committees

Tuesday, 1 February 2022

Joint Committee On Children, Equality, Disability, Integration And Youth

Rights of the Child in respect of Domestic and International Surrogacy: Discussion

Ms Elaine Cohalan:

I agree entirely with Ms Wheatley's input around the right to identity and with Senator Seery Kearney.

In terms of the child's right to identity, there is no member in our organisation or family that I am aware of who is against the principle of children having the right to know their genetic origins. We are very much in favour of the donor registry that was put in place through the Children and Family Relationships Act and all provisions that have been put in place through surrogacy. If there are situations where that is not possible, or where identifiable donors are not available, I would reframe the awarding of parentage as follows: the awarding of equality to the child should not be withheld because of decisions that were made before their conception and are outside of their hands. I think we need to continue to reframe it around the children's access to equality, to equal status before the law and the State, and to a family life.

In terms of the discussion around the assessment of parents, I am not sure if it is appropriate for me to ask Professor O'Mahony a question. On the assessment of parents and aligning that concept with adoption rather than what already happens in terms of assessment or lack thereof with IVF, IUI and other assisted human reproduction treatments, especially when the recommendation is that parents availing of surrogacy must have a biological link in the case of international surrogacy, I question why the alignment went with adoptions rather than with what already happens in practice with other assisted human reproduction procedures.