In January this year, former Minister for Justice Alan Shatter published the heads of a bill relating to children and family relationships. Part 5 of the proposed bill provides for “Surrogacy Arrangements”, and some parts of this bill have concerned Government Special Rapporteur on Child Protection Geoffrey Shannon. He believes the age limits outlined in the new bill could amount to age discrimination and the denial of parentage to a child. The draft bill specifies 24 years as the minimum age for a surrogate mother, and 45 years as the maximum age for a parent. The bill says the reason for a maximum age is to “increase the likelihood that at least one intending parent will live well into the child’s adulthood.”
Click here to read the proposed legislation in full.
In a paper to be presented to the EU Presidency Conference next month, Geoffrey Shannon argues that the proposed age limits could be problematic. According to the Special Rapporteur, the upper age limit of 45 years of age could amount to age discrimination. Currently under UK surrogacy law there is no upper age limit for surrogate parents. The law in question has been in place since 1985. With regard to the minimum age requirement for a surrogate mother, Mr Shannon believes this would effectively amount to a denial of parentage to the child. This in turn could affect citizenship and the more generally the child’s rights.
Click here to read a summary of Geoffrey Shannon’s comments in full in the Irish Times.
Click here to read a previous PILA Bulletin on a recent Court of Justice of the European Union ruling on the rights of surrogate mothers to maternity leave.