Rónán Mullen (Independent) | Oireachtas source

This is the section of the Bill that covers the safety of children. It states that: "The AHRRA shall not approve... unless it is satisfied... that the relevant person, and each other relevant person, does not present a potential significant risk of harm or neglect". This to some degree connects back to the amendment proposed by Senator Keogan and me that would have provided that:

(a) No one who was convicted of a child sexual offence either in or outside the State shall be allowed to participate in or avail of surrogacy services.

(b) No one who has engaged in a criminal offence against a surrogate mother...

We are talking here about the suitability of independent parents and the safety of children. One of the concerns I have here is that this provides that it is based on the information available to the AHRRA that it must be satisfied that there is not a potential significant risk of neglect inter alia to the child involved or to any other child. What constitutes the information available to the AHRRA?

Section 54(2) states that the AHRRA "shall ... make a request in writing to each relevant person to complete and submit to the AHRRA within the period specified in the request... an assessment in the specified form". I note the language that it "shall ... make a request". Does that mean that if that request is not complied with, there will be no surrogacy agreement? In other words, is it a necessary, though not sufficient, condition for there being a surrogacy agreement that that request in writing be complied with for each relevant person? Presumably that includes the intending parents.

Is it on the basis of the reply to that request that the AHRRA has the necessary information on which to determine that the relevant person does not present a significant risk?