Dáil Éireann Debate, Tuesday - 13 July 2021
77. Deputy Kathleen Funchion asked the Minister for Health the actions he has taken to ensure that children born through either domestic or international surrogacy have their rights ensured from the perspective of the best interests of the child; and if he will make a statement on the matter. [36215/21]
View answerAs the Deputy will be aware, drafting of a bill on assisted human reproduction (AHR) and associated areas of research, based on the published General Scheme of the Assisted Human Reproduction Bill, is ongoing by officials in my Department, in conjunction with the Office of the Attorney General. This comprehensive piece of legislation will encompass the regulation, for the first time in Ireland, of a very wide range of practices, including domestic altruistic surrogacy.
The surrogacy provisions outline the specific conditions under which surrogacy in Ireland will be permitted, including a requirement for all surrogacy agreements to be pre-authorised by the AHR Regulatory Authority, the establishment of which the Bill will provide for. The legislation also sets out a court-based mechanism through which the parentage of a child born through surrogacy may be transferred from the surrogate (and her husband, if applicable) to the intending parent(s).
In addition, under the surrogacy provisions at least one of the intending parents will have to be genetically related to the child. Surrogacy will be permitted on an altruistic basis where the payment of defined and receiptable reasonable expenses will be allowed. However, commercial surrogacy in Ireland will be prohibited as it raises a number of concerns relating to the welfare and commodification of the children involved as well as the potential risks of coercion and exploitation of financially vulnerable women to act as surrogates.
Another important requirement for domestic surrogacy will be that the details of the surrogate, the intending parent(s) and any relevant donor will be recorded on the National Surrogacy Register, which will be established by the AHR Regulatory Authority. This will ensure that all children born through surrogacy will be able to access accurate and comprehensive information on their genetic and gestational origins.
The draft Bill does not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions. As issues relating to international surrogacy concern areas of law that intersect across the remits of several Government Departments, my Department is engaging with the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth in respect of this policy area.
Overall, the aim of the AHR legislation is to promote and ensure the health and safety of parents and others involved in the process (such as donors and surrogate mothers), while, most importantly, consideration of the welfare and best interests of children born as a result of AHR – including the protection of their identity rights – is the key principle underpinning all legislative measures in this area.
