Dáil Éireann Debate, Thursday - 17 February 2022
134. Deputy Colm Burke asked the Minister for Justice if she will make changes to the law on guardianship and parentage in relation to children born through international surrogacy; and if she will make a statement on the matter. [8670/22]
View answerIssues which arise from international surrogacy arrangements raise important questions in respect of rights and ethics, and concern areas of law that intersect across the remits of several Government Departments.
I have had ongoing engagement and discussion with the Minister for Health, the Minister for Children, Equality, Disability, Integration and Youth and the Attorney General on issues relating to international surrogacy.
In January 2022, the Government agreed to propose the establishment of a Special Joint Oireachtas Committee on International Surrogacy. The Special Joint Oireachtas Committee is expected to report with recommendations within three months of its establishment, with the possibility of a short extension.
In addressing issues arising from international surrogacy, care must be taken to ensure that the rights, interests and welfare of all persons involved in international surrogacy arrangements – children born through surrogacy, surrogate mothers, parents and intending parents – are considered.
I believe that the cross-party Special Joint Oireachtas Committee is best placed to examine the complex issues surrounding international surrogacy and to make recommendations based on the analysis of that evidence.
Following consideration of the recommendations of the Special Joint Oireachtas Committee by me and my colleagues, the Minister for Health and the Minister for Children, Equality, Disability, Integration and Youth, any necessary legislative proposals will be submitted to Government.
Under the existing law, the genetic father of a child born through surrogacy may apply for a declaration of parentage in respect of the child under section 35 of the Status of Children Act 1987. If the declaration of parentage is granted, the father may apply for guardianship under section 6A of the Guardianship of Infants Act 1964.
An intending mother of a child born through surrogacy, not being the birth mother of the child, cannot be granted a declaration of parentage under the Status of Children Act 1987. An intending father who is not the genetic father of the child also cannot be granted a declaration of parentage.
Under section 6C of the Guardianship of Infants Act 1964, a person can apply to be appointed as a child’s guardian if he or she is married to, or in a civil partnership with, the child’s parent or has cohabited with the child’s parent for over three years and if the person has shared responsibility for the child’s day-to-day care for more than two years.
