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
Mr. GearĂ³id Kenny Moore:
I will make just a very brief contribution as I am conscious of time. My husband and I are the parents of three children. We initially began our journey back in 2014 working through the Canadian system, which was ultimately unsuccessful for us for medical reasons. However, I feel members of this committee could look at many elements of that model when deciding on these issues around altruistic versus compensated surrogacy, sanctions and the rights of the surrogate.
Under the Canadian model, everything that occurs before birth is focused on the rights of the surrogate. She must have independent legal advice and independent medical and psychological supports. A variety of government-approved agencies are appointed to support surrogates as they work through their pregnancy journey. They are accredited and have to meet very strict terms and conditions. The clinics that support surrogacy journeys are bound by the same regulation. The Canadian model is a really strong one to consider because, before birth, everything is focused on the rights of the surrogate. However, as soon as the child is born, parental rights are immediately transferred to the intended parents, allowing them to make decisions. Up until that point, everything to do with bodily integrity, even to the point of having the right to abort the child, rests with the surrogate, her family and her legal team. That is a model that might bring some clarity for those interested in the issues concerning altruistic surrogacy by comparison with compensated surrogacy and the rights of the surrogate.