Joe Higgins (Dublin West, Socialist Party)
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Question 497: To ask the Minister for Justice and Equality when he will legislate for the reality of surrogacy in this country, whereby the children of surrogate arrangements entered into by Irish parents have not enjoyed citizenship or the right to health treatment and education. [5284/12]

Alan Shatter (Dublin South, Fine Gael)
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As I indicated in my response to question number 485 of 24 January 2012, 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.

Establishment of paternity also allows the father to apply for a guardianship order which requires and enables him to exercise full legal responsibility for the child including decision-making on the child's health and medical treatment, upbringing and education.

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 has been prepared by an interdepartmental group in consultation with me and the Office of the Attorney General. I expect that the guidance document will be published shortly.

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