Ireland can be a world leader in having an ethical child centred legislative framework for international surrogacy – Seery-Kearney

A report launched by the International Surrogacy Joint Oireachtas Committee will set out a pathway to ensure that children born via surrogacy abroad will have a protective framework that safeguards their rights, according to Fine Gael Senator Mary Seery-Kearney.

Senator Seery-Kearney, Fine Gael Seanad Spokesperson on Children, Disability, Equality, Integration and Privacy Rights said: “Today, the committees report and recommendations, if adopted, will end the discrimination in Ireland of children based on the manner of their conception.

“This is a groundbreaking report for Ireland, in that is recommends a framework to ensure we are supporting ethical international surrogacy, it provides for that essential secure life long legal relationship between parents and their children.  It recognises that families are formed in many ways, and no family will be discriminated against by virtue of the circumstances of the birth of their child.

“In the case of prospective surrogacies, the report recommends very comprehensive provisions that oblige families pursuing surrogacy to engage with the newly constituted Assisted Human Reproduction Regulatory Authority prior to conception.

“We have recommended that the surrogate can be compensated for any out-of-pocket expenses arising from the pregnancy and required that these are all vouched for. All payments must be completed pre-birth.

“Post the birth of the baby or babies, we have recommended that there is an online hearing to apply for the parental order, so that the period of uncertainty for a child and their parents is minimised, we recommended that this hearing, conducted by a member of the Judiciary, occurs not earlier than day 7 and not later than day 21 post birth. The parental order will ensure that both parents have an equality of relationship with their child and that the child has an equality of relationship with their two parents.

“We also have recommended that there is a genetic link to at least one parent, but that this can be either the mother or father, in the current circumstances only the genetic link to the father can confer citizenship on a child.  The committee believed that this should be conferred by either parent, and so it would end the discrimination against same sex female couples.

“I am very proud of the work of the committee, we worked incredibly hard in a very tight timeframe, with a drive and commitment to ensure that everyone was heard, and the needs and rights of everyone was listened to. The next step is to ensure that the recommendations of the report are legislated upon, and I call on the Ministers for Health, Children and Justice to ensure that action is taken immediately to ensure that no child is left behind”, Senator Seery-Kearney concluded.