Oireachtas Joint and Select Committees

Thursday, 7 April 2022

Joint Oireachtas Committee on International Surrogacy

Surrogacy in Ireland and in Irish and International Law: Discussion

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael)
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I thank the Chair and apologise that the bells for the Seanad are ringing in the background. I thank the witnesses for their statements and for the options paper, although there are elements of it that are disputed by various representative bodies of stakeholders in this area.

First, all three of the papers refer to commercial surrogacy. It is important to note it is almost like a foregone conclusion that there is a determination that we as a nation will legislate for commercial surrogacy. Yet, I do not think any of the advocacy groups have stepped forward and asked for that. What all of the advocacy groups have asked for is that there be a pathway to parenthood for both parents where is a child is born via international surrogacy and that within that, there are safeguards for the identity and rights of the child first and foremost, they understand their gestational and genetic origins and they have full rights to that information.

Second, there are the safeguards to ensure the surrogate mother has adequate legal consent, advice and support.

Third, the intended parents are also vulnerable parties in this. My charge would be that the failure to put in place a provision, a mechanism and a framework has left intended parents in a vulnerable situation where they too have been exploited. Though they are true actors, they are left open to being exploited by bad actors. If we had a framework in place, if we had an advisory body and if we had the authority that is sought to be established under the assisted human reproduction, AHR, legislation, then we could fund the body underneath that. It could advise anyone who was planning to travel for international surrogacy as to what countries not to engage in, as well as as to what clinics not to engage in. We could have a collective place where all of the information of the past would be made available to those who are intending parents. Therefore, there is an erroneous notion and assumption across all three of the opening statements that there is a drive on the part of parents who need to avail of surrogacy to have commercial surrogacy legislated for. Nobody has asked for that. What we have asked for is a pathway to parentage.

On that point, can I ask the representatives of the Department of Health what is their understanding as to why this committee is a creature of three Departments? The issues paper was created by three Departments. What is the purpose of this committee being time-limited to 12 weeks? What will happen to our report? Why are we in a 12-week process? That question is to all three Departments, but principally to the Department of Health.