Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank the Senators for submitting the first four amendments in this grouping. With regard to amendment No. 9, which proposes to increase the length of time that a prospective surrogate mother in a domestic arrangement has to have been resident in the State from two years to five years, the residency requirement of two years was included to act as a safeguard against trafficking and to allow the demonstration of some form of lasting connection with the country. I consider that we have struck the correct balance in setting the period at two years and that five years may be viewed as an excessively long period of time. However, there is no right answer. It is a matter of informed judgment on all our parts. It is the kind of issue that can be and will be looked at as part of the review of the legislation, which is part of the Bill itself. Amendment No. 27 similarly proposes the same situation for international surrogacy, and the same points are made.

Amendments Nos. 16 and 29 seek to increase the minimum age from 21 to 25 for an intending parent to apply for approval for a proposed surrogacy arrangement, be that for domestic or international surrogacy. The minimum age for the provision of AHR treatment generally is 18 years. The age limit for surrogacy was set at 21 to reflect the specific additional complexity and difficult issues that arise from undertaking a surrogacy agreement. The extra life experience and maturity a person of 21 would generally have are important factors here, as well as potentially giving enough time for intending parents to be able to demonstrate that they require surrogacy to start a family, for instance.