Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

I move amendment No. 72:

In page 156, to delete line 19.

I have had contact from a couple of different groups including the LGBT+ Parenting Alliance, which has particularly drawn my attention to this. The Department has said the reason the High Court has been given jurisdiction is because it believes a transfer of motherhood can only take place there. We discussed this issue in considerable detail but it was not satisfactorily resolved. Much of the Bill is built on the premise that the Supreme Court upheld the maxim that the mother is always certain. This is something that Dr. Clare O'Connor has repeatedly and very persuasively argued is a misconception.

We are now talking about a splitting of motherhood, not the historical understanding of a birth mother who is both the gestational and genetic link to the child. It is a different situation now with the splitting of parenthood. The Supreme Court case in question revolved around the topic of birth registration. It did not deal with the parentage which is an entirely separate matter. Even though it is quoted as being relevant to the whole question of parentage, it was in fact about birth registration. Furthermore, both birth registration and parentage in the context of surrogacy should have been ironed out by the Legislature. It is not for a court to offer a prescriptive framework which takes into account all of the relevant factors in assisted human reproduction. Despite raising this issue on Committee Stage and providing the Minister with legal advice, I have not received a satisfactory response.

Returning to the question of court jurisdiction, I believe the specific reference to the High Court should be removed to allow for the Circuit Court to hear parental order applications. The High Court is based in Dublin and its fees are much higher than those in the Circuit Court. The Circuit Court would be more accessible and appropriate in the majority of cases. We discussed this issue at the briefing and on Committee Stage and I do not think anybody was in a position to tell us about the likely delay in getting into the High Court. Taking a case to the High Court is a huge undertaking, as is meeting the fees involved. For that reason, and because of the question marks about the maxim, it would seem to make sense if most of these parental order applications could be heard in the Circuit Court. There is access to the Circuit Court right around the country. It is much cheaper for people and can be accessed more speedily. For that reason I do not believe that in the vast majority of cases there is any need for the applications to go to the High Court. Will consideration be given to hearing most of the cases in the Circuit Court?

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