Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 55: To ask the Tánaiste and Minister for Foreign Affairs and Trade the position regarding Irish couples who have a child by way of surrogate outside of the EU and the entitlement of that child to enter the country legally; if this entitlement is by way of Irish citizenship or visa; and if he will make a statement on the matter. [20180/11]

Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

The legal situation of children born through surrogacy arrangements is a very complex area in Irish law. Whereas there is no specific legislation in Ireland relating to surrogacy, a range of Irish laws relating to the areas of citizenship, guardianship, consent for the child to travel and other parental rights must be comprehensively addressed by applicants before any travel document may issue. The Department of Foreign Affairs and Trade has responsibility for the issuance of passports, but it may only do so when the above issues, which largely relate to areas of law within the competence of other Departments, such as the Department of Justice and Equality, have been resolved.

Legislation on surrogacy is required, as provided for in the Programme for Government, to safeguard the rights of intended parents, surrogate mothers and, first and foremost, the children involved. Accordingly I have written to the Minister for Health, who has responsibility for bringing forward the legislation, regarding the necessity to address this issue as a matter of priority. In the interim, the Attorney General's Office is formulating guidelines on the issue of surrogacy in conjunction with, amongst others, the Department of Health, the Department of Justice and Equality, the Department of Social Protection and my Department.

In respect of a child that has been born through surrogacy, the submission of a certificate of birth per se does not provide sufficient evidence of citizenship. Applicants may therefore be required to present DNA evidence and a series of court orders to address Irish legal requirements in these areas. It will not be possible to issue a passport (including an emergency passport) to a child born through surrogacy unless these questions of citizenship, guardianship and parental rights are comprehensively addressed. Applications for a passport can only be considered after the birth of the child and on a case by case basis. In view of the complexity of these matters, intended parents are advised to plan for the possibility of the child having to remain in the country of birth for some time until all issues have been addressed. They may therefore wish to make appropriate provision for the child, on such matters as accommodation and medical care/insurance etc., to remain in the country of birth until such time as a travel document can issue.

It should also be noted that an emergency travel certificate will only issue in exceptional cases of genuine emergency and where all the relevant statutory requirements, including the issue of consent, under the Passports Act 2008 are satisfied. The Department of Foreign Affairs and Trade strongly advises Irish citizens arranging to have a child by surrogacy to engage the services of a lawyer to deal with all the complex issues involved. The issuance of visas is a matter for the Minister for Justice and Equality.