Dáil debates
Thursday, 27 April 2023
Final Report of the Joint Committee on International Surrogacy: Motion [Private Members]
5:15 pm
Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source
In the limited time I have available, I commend Deputy Whitmore and the Joint Committee on International Surrogacy. Just in case people think this is politicians backslapping each other, it is also important to point out that last month, Mr. Justice Hogan of the Supreme Court referred to the joint committee's report on international surrogacy as a thoughtful and reflective parliamentary report. Therefore it is not just members of the legislature who think it is a good piece of work; people looking at it objectively also share that view.
Referring to the Supreme Court, we cannot forget that back in 2013, the Supreme Court was very critical of the Oireachtas for its failure to legislate. It noted that surrogacy at that stage was lawful but not regulated. It is pretty embarrassing to be a Member of the Oireachtas given that ten years later we have still not enacted legislation dealing with it. I commend the Minister for Health, Deputy Donnelly, for bringing forward this legislation. This is the absolute type of issue that requires legislation. Currently, what happens is that individuals enter into surrogacy agreements abroad, the children come home, and then they have to make applications in the District Court under the Guardianship of Infants Act 1964, or seek to get some recognition another way for the non-biological parent. It is just unfair that we ask parents to go through that process. Clearly, legislation is required urgently and if the Minister gets it through, he will be commended because many have promised before. We expect him to, and believe that he will deliver.
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