Mr. Karl Duff:

The Department of Children, Equality, Disability, Integration and Youth is grateful for the opportunity to attend this special committee session on international surrogacy and to speak to its relevant policy areas in this regard. The Department also welcomes the wider debate and discussion on international and commercial surrogacy. I am a principal officer in the Department. I am joined by my colleague, Mr. Cormac Grundy, assistant principal, and remotely by assistant secretary, Ms Laura McGarrigle.

The area of surrogacy continues to be a complex legal and policy area, both in Ireland and internationally. Surrogacy and assisted human reproduction transects a number of policy remits across Departments and State agencies, as is evident by the attendance of three Departments at this meeting. I believe all parties would agree that surrogacy gives rise to important ethical questions and that these questions are heightened when we specifically consider the nature of international commercial surrogacy. I would also suggest that Ireland is not alone in this and that many other countries are considering how or if to legislate in the area of international surrogacy.

The focus of this Department, and our role here today, is on ensuring the rights of the child are central to any discussions. We are keen to ensure that as the potential for policy and legislative development is discussed, the rights of the child and the child’s best interests are paramount. Much of this consideration of the child’s rights and best interests is informed by looking at Ireland’s history and how, in the past, the rights of the child were often not to the fore or were absent from legislation and policy development. Members will be all too familiar with the reports which highlight failures to vindicate the rights of the child in Irish history. As a Department that is at the forefront of legislating to address the State’s failing in the past, it is incumbent on us that we use the learnings from the past to inform our thinking on future policy development.

We recognise that Ireland today is a society where non-traditional family formations, including through surrogacy, exist and that the image of the family unit is one that is evolving. The embracing of diversity has made our country better and a more inclusive place in which to live and grow.

The Department has engaged on the matter of surrogacy with members of Equality for Children and Irish Families through Surrogacy. We could not but be moved by their accounts of becoming parents through surrogacy. We imagine the committee will also have an opportunity to hear from such groups. Nonetheless, international commercial surrogacy does raise concerns about the commodification of children, exploitation of women in poorer countries, the risk of child trafficking and the child’s right to know his or her identity. In this sense, we would encourage all parties to consider not only their rights and best interests as children today, but also how they will feel when they grow up and, as adults, consider the circumstances of their birth.

The Department’s work on developing and progressing the Birth Information and Tracing Bill means that the right of a child to know his or her identity and understand the origin of his or her birth is keenly appreciated.

In considering any measures in the area of international commercial surrogacy, the Department highlights the following points as especially important. Measures should respect the child’s rights to know his or her origins, including about his or her surrogate mother and any egg or sperm donor. In this regard, all material relating to a child’s birth should be preserved for the child. Measures should also ensure a genetic link between the child and at least one intending parent. Allowing for recognition of parentage where there is no genetic link between the child and either parent would raise serious concerns about child trafficking and undermine the protections for children built into the adoption process. Measures should ensure that the rights and welfare of the surrogate mother are protected and respected. This is essential, not only in the context of her rights but also when the child grows up and looks back on his or her birth, he or she must be satisfied that their birth mother was protected from exploitation.

The Department welcomes the debate around international commercial surrogacy and the opportunity to discuss the complexities involved. We are happy to discuss these further, with a focus on the policy areas relevant to our Department. I again thank the committee for the opportunity to present this opening statement.