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Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (4 May 2022)

Lynn Ruane: I will look at the amendment in relation to its intention and perhaps its placement within the Bill. When you look at the Irish Human Rights and Equality Commission, IHREC, I am sure it has to seek contracts in other ways for other things, but yet it seems to have the complete opposite of what is being suggested.

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: I thank everyone for their presentations. My first question is for Dr. Bracken. With regard to pre-birth and post-birth agreements, what is included? Is it only parentage? If it is a post-birth agreement, does that ever conflict with any health decisions that need to be made during labour if, for example, something goes wrong or if there is a threat to the woman's life? What is actually...

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: In Mr. Kenny Moore's statement, he said that, under our framework, if the legal parent dies, people can be left in limbo. I do not know if there has been an instance of this in Ireland yet or if we are speaking hypothetically, but what would that situation mean for a child?

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: Is there potential for the State's child and family agency to step in and create another level of complexity in that situation with regard to care orders and so on?

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: Yes.

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: I thank the Chairman.

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: My questions are for our guests from the Department of Foreign Affairs. Some of them kind of tie in with the questions Deputy Higgins asked in respect of citizenship. I refer to situations where the biological intended father is not an Irish citizen but the other intended parent is. Obviously, that has to go into a process. What happens in a situation such as that if the parents plan to...

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: It is obviously a matter that is coming up and that we do need to consider in the context of those safeguards anyway. My other question relates to passports. Am I correct that a surrogate mother, as the legally recognised mother of the child, is the guardian under Irish law but if she is married, her husband is joint guardian? That does not naturally transpose in Irish law, however, in...

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: Why does his husband not automatically get the same rights that the last husband got, in terms of guardianship?

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: So it is a presumption of parentage. Sorry for interrupting; I am trying to figure it out in my head.

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: Is that in legislation, and not in the Constitution or anything?

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: The presumption is written into legislation in relation to a woman being married and carrying a child that the husband is automatically the father of the child.

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: Okay. That is interesting.

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: It impacts differently now.

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: I had not considered we needed to look, within this area, at the presumption of guardianship to a non-biological husband of a surrogate. I have a question on the comment that mostly it is after the fact that the Department comes in. Should there be a register of intention so people are not waiting until after the fact? It is a long procedure for people making these decisions. Rather...

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Lynn Ruane: We think of the number of people in direct provision, the delay in this and their access to the right to family life and to pursue all of this if they want to travel abroad. Let us imagine for a moment a delay in the naturalisation process of one intended non-biological parent. Under the guardianship process of the other intended non-biological parent would the child have automatic...

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (Resumed) (5 May 2022)

Lynn Ruane: Many of my questions have been asked. I refer to the clarification in respect of what we can do in the context of pre- and post-birth internationally. A witness to a previous meeting referred to the wish for the surrogate mother recognised on the long birth certificate and the openness and willingness in that regard. Ms Duffy referred to the benefits of the situation in some US states...

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (Resumed) (5 May 2022)

Lynn Ruane: It does. I recall the witness speaking about a willingness and stating that if the surrogate mother wished to remain on a birth certificate, the long birth certificate would be the place for that. Is there a situation where that is required? It is as valuable as what happens in America in the context of a child looking for identification of his or her surrogate mother at a later stage. Ms...

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