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Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (20 Apr 2022)

Kathleen Funchion: Dr. Horsey stated: "subject to the surrogate's right to object for a period specified in law."

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (20 Apr 2022)

Kathleen Funchion: I thank the witnesses.

Joint Oireachtas Committee on International Surrogacy: Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed) (20 Apr 2022)

Kathleen Funchion: My supplementary questions are similar to what the Chairman asked around existing children and other models. It is important, when speaking about surrogacy, to note it is very different from other pathways. It is not like adoption, fostering or anything else, and it is really important for that message to go out really strongly from this committee. There is a tendency to compare them but...

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...

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

Kathleen Funchion: It was about previous pregnancies. It is a practical question.

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

Kathleen Funchion: Of course.

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. Wingfield. I strongly agree on the pre-birth parental situation. It is very important. I would be fearful that if we do not have that in place, we are going into this in a very unusual frame of mind. Everybody understands with surrogacy that the intention is that the intending parents are the parents. I believe having a pre-birth order is definitely the way forward. I was...

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

Kathleen Funchion: Everything has been covered. The briefing document was really good. After the first part of last week’s session, I was panicking a little bit about our timeframe. Since then, however, we have had Professor O’Mahony before the committee. We have had the witnesses before us today and the earlier witnesses also. It has been great to see all of this. I think that there are...

Joint Oireachtas Committee on International Surrogacy: Election of Leas-Chathaoirleach (7 Apr 2022)

Kathleen Funchion: I support and second the nomination. I am sorry, I have just run to get here. I wish the Chair and and Deputy Higgins every success.

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

Kathleen Funchion: It is great that we are finally having our first meeting. Over the next number of months when we have all of our public meetings, it will be very helpful for everybody to listen in to all the various groups. Hopefully, we will dispel some of the myths that are out there in relation to surrogacy. As Deputy Higgins has said, there are many very genuine families going through the process. We...

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