Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I thank the Senator for giving me, on behalf of the Minister for Health, this opportunity to inform the House on the progress made to date in respect of introducing the regulation of international surrogacy. I acknowledge, and thank her for, all the work she has done in regard to surrogacy.

The undertaking of surrogacy arrangements in other jurisdictions raises complex ethical questions concerning areas of law that intersect the remits of several Departments, as the Senator noted, namely, the Departments of Justice and Children, Equality, Disability, Integration and Youth, as well as the Department of Health. Accordingly, and on foot of Government approval of proposals from the Ministers, Deputies McEntee, O’Gorman and Stephen Donnelly, the special Oireachtas Joint Committee on International Surrogacy, of which the Senator is a strong member, was established on 9 February. As she pointed out, the committee published its first report on 6 July, which included a total of 32 recommendations. On behalf of the Ministers and the Government, I reiterate their gratitude for the work of the committee and the completion of its report in such a timely manner.

Following the publication of the committee's report, through a structured and collaborative engagement process, the Departments of Justice, Children, Equality, Disability, Integration and Youth and Health are reviewing the report's recommendations, along with other relevant matters, with a view to determining an appropriate policy position and suitable next steps. It is crucial the relevant Departments complete a robust and thorough examination of all the issues, including the findings and recommendations of the committee's report, given the range of complexities involved and the rights of the various parties involved in surrogacy arrangements.It is also important to recognise that there is no international consensus or multilateral instrument on this issue at the moment, notwithstanding that the expert group appointed by the Permanent Bureau of the Hague Conference on Private International Law is due to report in 2023 following the conclusion of its ongoing formal study of the private international law issues being encountered. There are also highly divergent views within the EU on this issue, with a number of member states prohibiting all forms of surrogacy.

Nevertheless, the Ministers and Departments are committed to progressing as quickly as possible the development of policy proposals along with any required legislative proposals, while respecting the key principles of protecting the rights of all children born as a result of cross-border surrogacy arrangements and safeguarding the welfare of surrogate mothers. I think that sums up the key points. This detailed consideration is ongoing and the Departments are meeting frequently to actively work through the pertinent issues with the aim of producing an agreed policy paper shortly.