Micheál Martin (Cork South Central, Fianna Fail)
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Question 94: To ask the Tánaiste and Minister for Foreign Affairs and Trade if passports or travel documents will issue to a person (details supplied) who was born outside Ireland but whose parentage is proved to be Irish; and if not his plans to bring forward urgent legislation to allow them to do so. [30853/11]

Eamon Gilmore (Dún Laoghaire, Labour)
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Before issuing a passport to a minor the Passports Act 2008 requires that the Minister must be satisfied, amongst other matters, that the child is an Irish citizen, and that the passport application has been submitted by either a parent or guardian of the child. On 08 June the family sought and were refused a declaration of parentage from the Circuit Court. I can confirm that the Attorney General was on notice of the case and did not offer any objection to the order being made. The consequences of this order are that the Irish citizen male has been found not to be the father of the child and accordingly the child is not entitled to Irish citizenship. In light of this ruling, which is binding on the State, the Department is not able to issue a passport or other travel document under the Act. I along with my officials fully understand and appreciate the depth of frustration and disappointment experienced by the parents as a result of the difficult and complex situation which they are now in. Nevertheless, it is important to re-state the legal position in regard to that court decision which I have put on record in the House in our debate on 18 October last, that, there is no administrative procedure available to the State to overrule or ignore the determination made by Circuit Court in this case that would allow for the issue of a passport to this person at this stage. That ruling can only be reversed on appeal by the High Court.

The couple's solicitor has lodged an appeal with the High Court and has been informed that the Attorney General will not oppose the appeal nor seek any costs in this matter. I have informed the couple of this. There is no legislation specifically dealing with surrogacy in Ireland, but existing laws with regard to issues such as citizenship, parentage, guardianship and passports apply. It is clear that legislation is needed to deal specifically with this important and sensitive issue. As provided for in the Programme for Government, it is the Government's intention to bring forward such legislation. This matter is being dealt with by the Minister for Justice and Equality. However, given the complexity of the issue and the policy involvement of various other Government Departments, including Health, Children, Social Protection and my own, this will take time. In the short term, officials in my Department in conjunction with officials from the Attorney General's Office, the Department of Justice and Equality and others are currently working on guidelines on dealing with such cases pending the enactment of legislation in this area. Work on the guidelines is at an advanced stage. The aim of the process is to produce guidelines for the public that would bring a degree of clarity on the law applicable to this complex area. It is also hoped to put people on notice in regard to the issues, requirements and difficulties which may arise.