Ivana Bacik (Dublin Bay South, Labour) | Oireachtas source

Indications have been given and that is welcome. Parents and families I have spoken to are anxious to see that proceed and to see the issue of judicial discretion built into that such that judges will have some discretion, which is important. The report recognises that the case of retrospective parentage declarations is separate and needs a separate and different approach to be taken.

I refer to the prospective regulatory framework that is to be established through this. I entirely appreciate the need to bring these provisions forward through the existing AHR Bill. It is heartening to hear the Minister indicating that he is hoping to do this before the summer recess. It is welcome to hear that but it is important that we get this right. As I said, parents have raised a number of concerns with me, particularly around which other countries will be included in the arrangements and which countries it will be possible to have arrangements with. There is clearly a need for a broad international framework and I am thinking, as we do with the adoption procedures and the Geneva Convention, that countries should abide by the Verona principles. I know the matter of which other countries will be included is of concern, as is the matter of reasonable expenses. I know the committee grappled with this and I read with great interest what it said about the payment issue. Clearly this is a difficult issue and we grappled with this ten years ago as well. What does "reasonable expenses" envisage? Does it envisage expenses beyond just altruistic expenses? What happens when an agency is involved? There will be a lot of concerns about what detail will be there.

This is a complex area and so it is important that the balancing exercise is done right. We are all conscious - and again it is well set out in the report - of the risk of exploitation. I mention the language and I am glad to see that the report interrogates this and "surrogate" is the term used because that is the term that was preferred by witnesses. We are conscious that we do not tend to hear from surrogate mothers as much; that has been the nature of it and the language around that can be difficult. The key thing is to ensure there is regard not only for the rights of children born through surrogacy, but also for the rights of intending parents and families of children born through surrogacy and for the rights of surrogates and surrogate mothers. It is crucial, therefore, to ensure there are safeguards against the risk of exploitation, particularly relating to countries that are less developed or developing countries. That is built into the considerations in the report. I am glad to see that because it is important. There are strong recommendations around the protection of the bodily autonomy of the surrogate, which is to be welcomed by us all.

There is going to be a great deal more time to debate the detail of this. I very much welcome the careful timeline the Minister has provided. I want to ask about the question of paid surrogacy leave, which has been raised. It is referred to in the report. We have put down parliamentary questions about it. We have had quite a number of people come to us wondering when it will be in place. That will have to be part of any regulatory framework. I will finish by commending all of those involved in producing this delicate and really careful report on what is a difficult and sensitive area to regulate. I welcome it because, ultimately, this is a very joyful endeavour. It is an endeavour to ensure that we are going to see proper legal frameworks for the welcoming of children and diverse family forms in our society. That is very welcome.

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