Dáil Éireann Debate, Wednesday - 18 April 2012
1179 Deputy Paschal Donohoe asked the Minister for Children and Youth Affairs the process upon which step-parent adoption will be regularised as part of the guidelines recently published by the Minister for Justice and Equality regarding surrogacy arrangements; and if she will make a statement on the matter. [19220/12]
View answer1180 Deputy Paschal Donohoe asked the Minister for Children and Youth Affairs if it is possible under current legislation for surrogate mothers to adopt their children in an effort to regularise their position vis-à-vis their child; and if she will make a statement on the matter. [19221/12]
View answerI propose to take Questions Nos. 1179 and 1180 together.
The issue of surrogacy is a cross Departmental one involving the Departments of Justice and Equality, Foreign Affairs and Health as well as my own Department. On 21 February 2012, the Minister for Justice, Equality and Defence, Deputy Alan Shatter, T.D. published a Guidance Document on citizenship, parentage, guardianship and travel document issues in relation to children born as a result of surrogacy arrangements entered into outside the State. The Guidance Document provides information to people who intend to enter surrogacy arrangements outside the State on the practical and legal considerations arising under Irish law where the commissioning parents intend to bring the child to live with them in the State.
The adoption of children generally is governed by provisions of the Adoption Act 2010. The applicability of adoption law to any individual case is a matter for the Adoption Authority of Ireland. The policy imperative on which adoption, including intercountry adoption, is based, is to provide alternative families for children who need a permanent alternative care arrangement. Surrogacy is not specifically contemplated in the adoption legislation. As the surrogacy guidance advises, family law provides the principal framework as the key first step. The Guidance advises all those contemplating surrogacy to seek independent legal advice as the issue is complex.
