Mark Ward (Dublin Mid West, Sinn Fein) | Oireachtas source

In November, Sinn Féin and other parties stood in solidarity with families and parents as they presented letters to all three Government parties outlining their concerns at the lack of progress in delivering appropriate assisted human reproduction legislation. I join my colleagues in welcoming that this legislation has progressed. Sinn Féin supports this Bill in principle. We welcome a regulatory framework for assisted human reproduction, which will standardise access to and rights around IVF, surrogacy and related research.

However, there are two major omissions from the Bill, namely, international surrogacy arrangements and retrospective recognition of parentage. I am aware that the issue of international surrogacy arrangements will be dealt with by a special committee, which has now been established. I wish that committee all the best in its endeavours as it sets about that task. This special committee is being set up to examine all aspects of this very complicated issue with a view to issuing recommendations within three months, including on international surrogacy arrangements. Failure to address international surrogacy means this legislation will not be fit for purpose for Irish parents who have either used the services of a surrogate in another jurisdiction or are considering it. It is incumbent on the special committee to issue strong recommendations to support parents who are in this position. I am calling on the Minister of State and the Government to give the strongest message possible to parents who have used the services of a surrogate in another jurisdiction that their concerns will be listened to, and acted on, within the three-month timeframe set out. The Government has been found wanting on this issue in the past and is playing serious catch-up in the ever-changing and evolving family creation environment in Ireland.

We have all heard from mothers who, two and three years down the line, are not considered their child’s legal guardian while fathers, just because of the biological nature of their relationship with the child, are immediately deemed to be the child’s legal guardian in the eyes of the law. This needs to change and it needs to change immediately. The Government has to listen to families about their concerns and experiences and must deliver the changes that are needed.

On the retrospective recognition of parentage, it is not clear from the Bill that the parental and guardianship rights for children born through surrogacy will apply to families that already exist. We must ensure that these children and each of their parents, where there is more than one, have full rights. This is particularly important in the event of the death of the parent with guardianship rights, where the other parent may not have completed the legal process of also becoming a parent or guardian of the child. Would-be parents of surrogate children can spend years battling in court for basic parenting rights.

Currently, the mother or second parent is not entitled to those rights and has to settle for guardianship, which expires when their surrogate child reaches 18. This legal limbo means, for example, that until the mother of a surrogate child is granted guardianship rights, she cannot give consent for her child to go on a school trip, open a bank account, or even apply for their first passport. Once that child reaches the age of 18, he or she would also have no legal standing when it comes to making important health decisions about the parents. If the mother or second parent dies, the child would have the same legal status to their parent’s estate as a complete stranger. These are the things I am hoping this legislation will resolve. On this issue, Irish Families Through Surrogacy has said:

Our children are Irish citizens and deserve to be afforded the same provisions as every child in Ireland and have a legal relationship with both parents. At the moment, Irish children are being left in legal limbo as they can often wait years to be granted parental rights to one parent before guardianship proceedings can even take place for their second parent.

The Bill is also very important from the perspective of non-surrogacy assisted human reproduction, such as IVF. As has been said already, the Minister of State needs to ensure that IVF services will be made reasonably available through the public health system. Currently, the only option for parents who require IVF is to go private, which means only a certain demographic of people are able to access it. That must be ruled out.

A regulatory framework that upholds the rights of children born through surrogacy is paramount.

We need to ensure it prevents children born from surrogacy being left in legal limbo or being stateless.

See this speech in context