Oireachtas Joint and Select Committees

Thursday, 7 April 2022

Joint Oireachtas Committee on International Surrogacy

Surrogacy in Ireland and in Irish and International Law: Discussion

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein) | Oireachtas source

I thank the Cathaoirleach and thank Professor O'Mahony. Professor O'Mahony addressed the Joint Committee on Children, Equality, Disability, Integration and Youth as well a number of months ago which I found extremely interesting, and his report is excellent. Like many people, I am wondering too why some of this stuff has not been implemented.

The question I want to ask comes out of the earlier session around this discussion about whether we are potentially looking at new legislation or we are looking at amending the Health (Assisted Human Reproduction) Bill 2022. I would like to know Professor O'Mahony's opinion. Which is potentially a better option? Once we have the Health (Assisted Human Reproduction) Bill 2022 here, why do we not use that as the framework? If that is not to be amended, I note in his statement Professor O'Mahony says that it "will be contrary to children's rights". Where does that leave us if we do not change that Bill?

My final question, if there is time, is in relation to when Professor O'Mahony states his report recommends "for international surrogacy [that] parents ... apply to the High Court for parentage ... subject to satisfying a range of prescribed criteria". Merely for information, does the professor have examples of what he might think would be prescribed criteria?

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