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Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (7 Apr 2022)

Kathleen Funchion: Yes.

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (7 Apr 2022)

Kathleen Funchion: I am a little concerned about some of the discussion earlier. It was made obvious in the opening statement of the Department of Health that there is an urgency with the AHR Bill. I totally understand that. Do the witnesses believe new legislation will be needed to address the issues falling under the remit of this committee or are we looking at amending the AHR Bill? I ask all three...

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (7 Apr 2022)

Kathleen Funchion: I am sorry for cutting across Mr. O'Connor but I am conscious of the time. What if this committee comes up with great recommendations for amendments to the AHR Bill? Is it just the timeframe that is the issue?

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (7 Apr 2022)

Kathleen Funchion: Does Mr. O'Connor not see how frustrating that must be, though, for people who have been waiting for surrogacy regulations or legislation, whatever the appropriate word is? As was said, this was in pre-legislative scrutiny in 2017 and now, all of a sudden when this committee has started to meet, there is this panic about it. Maybe it is unfair to put the questions to Mr. O'Connor. It just...

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (7 Apr 2022)

Kathleen Funchion: The Department sees it potentially as a new legislative measure.

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (7 Apr 2022)

Kathleen Funchion: I am just trying to tease that out. I am not trying to be difficult with anybody. It is important that we know because we want to be constructive in this committee and get the work done. People have been waiting for far too long and it is not fair. Ultimately, it is not fair to children. If that is what Mr. McGennis thinks, that is fine. At least if we know that, it helps inform the work.

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (7 Apr 2022)

Kathleen Funchion: I thank the Cathaoirleach and thank Professor O'Mahony. Professor O'Mahony addressed the Joint Committee on Children, Equality, Disability, Integration and Youth as well a number of months ago which I found extremely interesting, and his report is excellent. Like many people, I am wondering too why some of this stuff has not been implemented. The question I want to ask comes out of the...

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (7 Apr 2022)

Kathleen Funchion: I thank Professor O'Mahony. That is one of the most comprehensive answers we have got since we started. I know we are only two hours into our proceedings, but I really appreciate that directness.

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (7 Apr 2022)

Kathleen Funchion: I do not have much more to add other than that the report Professor O'Mahony has published is going to be extremely helpful for us and we are very lucky to have it. Other things will be said over the course of the three months of the committee's existence but the report is a good starting point for us. Given the comments that were made earlier by the representatives of the various...

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: I thank Dr. Mulligan for appearing before us and for her briefing document and opening statement. I wish to ask her about a point raised in her briefing document. In it, she writes that there has been some criticism of the choice to use post-birth rather than pre-birth orders and that she disagrees with this criticism. According to her, the problem with the pre-birth model is that it...

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: I will ask a supplementary question to that. Obviously, surrogacy is different from adoption. Does Dr. Mulligan not believe that, where it is regulated and people know exactly what arrangement they are entering into, there should be no question as to whether that person would want a legal right over the baby? Is Dr. Mulligan saying that the person should have that right in case she changes...

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: That is why the pre-birth model can be a good idea.

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: That is why it has to be 100% - or as much as possible - regulated. In some countries, there is counselling beforehand and so on. As much as we can, the situations in question must be avoided. I worry that, if we approach creating legislation from the point of view that someone may change her mind, we will not be in a good place. That is not her genetic child either, so where would that...

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: Yes, go ahead.

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: Yes.

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: Yes. I totally agree with that and I do not think by advocating a pre-birth order that one would advocate that position. Where does Dr. Mulligan see the potential solution?

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: Okay.

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: I also found this session really good; both the contributions from members and from Dr. Mulligan. That is the whole purpose of this committee. It is great to have a little bit of extra time to get more into the nitty-gritty of the issue. Out of curiosity, and following on from the earlier discussion, is Dr. Mulligan aware of any data on situations where a surrogate changed their mind or...

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: I thank Dr. Mulligan.

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (14 Apr 2022)

Kathleen Funchion: I thank the witnesses for their presentations. I was glad to read the point in relation to the funding because I felt last week that although it was not being explicitly said by the Department of Health, there certainly was an inclination that potentially this committee and the work we have to do would delay the Health (Assisted Human Reproduction) Bill when pre-legislative scrutiny was in...

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