Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

I also acknowledge the people in the Gallery and wish them all the best. I also acknowledge Deputy Whitmore, chair of the committee, and all of the members of the Joint Committee on International Surrogacy who compiled this report. I recognise the great lengths they went to. A total of 11 public meetings were held to examine issues arising from international surrogacy and to make the 32 recommendations to deal with those matters. Like everybody else, I hope the Minister will accept all 32 recommendations because we support them and we support the people above in the Gallery.

One of the comments made towards the beginning of the report is crucial as a basis for this system to work. It states, "Evidence received suggests that failing to recognise international surrogacy arrangements will not limit their occurrence even if domestic surrogacy is allowed" and "that the biggest risk to the welfare and rights of children, surrogates and intended parents currently is the lack of regulation by the State". If we are looking at the fundamental matters that form the basis of the committee's recommendations, this must be among those at the top of the list.

The report specifically outlines how failing to acknowledge and regulate for international surrogacy would leave families in legal limbo and would discriminate against children on the sole basis of the manner of their conception. It is essential, therefore, that key requirements for international surrogacy arrangements be drawn up to facilitate the issuing of a parental order. This would define and safeguard the rights and represent the interests of all parties involved. A failure to adequately acknowledge and regulate for international surrogacy would be for the State to fail children, whose rights in this regard must be the main priority.

Without proper arrangements and regulation in this regard, there would be impacts on issues such as the transfer of parentage and protections for the child and these could be open to negative consequences arising from uncertainty. With this in mind, I refer to the committee's deliberations on the issue of the transfer of parentage. As befits a committee with such a serious matter to consider, members looked at whether a parental order should be issued before or after birth. The committee has since recommended a two-step process involving an administrative process before birth involving the submission of evidence to the assisted human reproductive regulatory authority and a post-birth element wherein a court hearing would be required to consider the issue and how a parental order would best protect the rights and welfare of all parties. Legal certainty safeguards against potential trafficking and so was considered. However people may interpret certain matters within the process, we can agree that the committee has endeavoured to the best of its ability to engage with interested and affected parties. It has analysed the matter in great detail. I understand that the Minister accepts that new legislation on surrogacy must be drafted and make its way through the Houses ahead of the summer recess. I assure the Minister that he will get help from our side. I urge him to ensure that provisions for retrospection progress speedily because there are families for whom urgency is the key issue and that must be addressed.

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