Michael Lowry (Tipperary North, Independent)
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Question 485: To ask the Minister for Justice and Equality the position in this jurisdiction regarding parentage, guardianship and citizenship rights for a child born to a surrogate mother outside of the State and returned to Ireland with its biological father and his wife, the adopted mother (details supplied); the child's entitlement to an Irish passport based on its father's nationality; if legislation will be introduced on this matter; and if he will make a statement on the matter. [3398/12]

Alan Shatter (Dublin South, Fine Gael)
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As I indicated in my response to question number 25 of 1 December 2011, 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 finalised by an interdepartmental group coordinated by the Office of the Attorney General. I expect that the guidance document will be published within the coming weeks.

I have already indicated that I intend in due course to develop proposals for legislation on surrogacy. It would not be appropriate for me to comment on the detail of the case to which the Deputy refers, as the matters concerned are family law matters and subject to the in camera rule. Moreover, I understand that the case is also sub judice as it is the subject of an appeal to the High Court.