The Irish government has unveiled plans to recognise the legal parents of children born through overseas surrogacy.
Surrogacy is currently unregulated in Ireland. Because there is no specific law, the person who gives birth is always recognised as the mother. There is a process by which some fathers can gain legal parentage, but it is complicated. The changes will be included in the Health (Assisted Human Reproduction) Bill 2022.
'We will have a solution for all of those children born and living in Ireland via surrogacy who need that legal recognition and connection with both of their parents,' said Senator Mary Seery Kearney.
There were already plans to allow unpaid 'altruistic' surrogacy within Ireland, but not 'commercial' surrogacy where the surrogate receives a fee for her services. This has led to a concern over a double standard, where the welfare of women in other jurisdictions is less well protected than that of Irish women.
'It is understandable that there are concerns about surrogates' welfare,' said Seery Kearney. 'The best way to ensure that that isn't an exploited situation is to have a regulatory authority in Ireland'.
An Oireachtas committee set up in January to consider pathways to legal recognition for children born, reported in July that 'the biggest risk to the welfare and rights of children, surrogates and intended parents currently is the lack of regulation by the State'. They accepted that couples with infertility, same-sex couples and others who need the help of a surrogate to have children will continue to travel to access surrogacy.
The proposed legislation will also permit parents who already have children born through international surrogacy to be legally recognised as the parents. The news comes after the case of Kathy and Brian Egan, whose child was born via surrogate in Ukraine. Although Kathy is the genetic mother (her egg was used) she is not recognised as a legal parent. Brian, who had been legally recognised as the father, is now terminally ill, and the couple was concerned their son would be left without a legal parent when he dies (see BioNews 1163).
Ciara Merrigan from Irish Families Through Surrogacy welcomed the announcement:
'It is an absolutely monumental day for us all. I have had phone calls from families in tears today, including myself looking at my children finally knowing I will be recognised as their mother. It's actually overwhelming.'
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