Kevin Humphreys (Dublin South East, Labour)
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Question 25: To ask the Minister for Justice and Equality his plans to introduce legislation to allow the conferral of citizenship on children of Irish parents born through surrogacy in other countries; and if he will make a statement on the matter. [37879/11]

Alan Shatter (Dublin South, Fine Gael)
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The law as it stands allows children born through surrogacy arrangements to acquire Irish citizenship, provided the commissioning father is the biological father of the child. Such a father may apply to court for a declaration of paternity under section 35 of the Status of Children Act 1987. Once paternity is established the child can be determined to be an Irish citizen.

Given the complex way in which existing law, domestic and international, applies to surrogacy matters, a guidance document for people who are considering arranging for a surrogate mother to give birth to a child outside the State is being prepared by an interdepartmental group coordinated by the Office of the Attorney General. I expect that the guidance document will be finalised for publication shortly.

I have already indicated that I intend in due course to develop proposals for legislation on surrogacy.