The Joint Committee on International Surrogacy has published its Final Report on International Surrogacy.
Surrogacy is not currently regulated in Ireland and there is no official data or reliable source recording the number of children born as a result of surrogacy arrangements in Ireland or born abroad and brought to Ireland. The 2020 Programme for Government “Our Shared Future” committed to enacting the Assisted Human Reproduction Bill. This Bill is currently going through the Oireachtas and includes provisions for the regulation of surrogacy arrangements in Ireland, but not for international surrogacy.
In February this year, the Irish government established The Joint Committee on International Surrogacy to consider and make recommendations on measures to address issues arising from international surrogacy. Last month, the Committee published its Final Report on International Surrogacy (the “Report”).
The Report contains a number of recommendations on measures to address issues arising from international surrogacy, having particular regard to the rights, interests and welfare of children born through surrogacy (both in the future, and existing children), of surrogates and of intended parents.
The Report says that amending The Health (Assisted Human Reproduction) Bill 2022 to include international surrogacy is the most appropriate way to regulate international surrogacy.
The Report acknowledges, based on evidence presented to it, that individuals and couples will continue to travel abroad to pursue international surrogacy arrangements. The Report further acknowledges ‘significant agreement’ among stakeholders that currently the biggest risk to the welfare and rights of children, surrogates, and intended parents is the lack of regulation by the State.
With regard to legal parental relationships following surrogacy, the Report recommends that, where an international surrogacy arrangement meets the criteria set out in guidelines recommended by the committee, the intended parents should be able to apply to the courts for a parental order in respect of both parents. This order would name the intended parents and child, and declare the intended parents to be the parents of the child, equal in rights to the child regardless of biological connections.
The Report also calls for The Irish Nationality and Citizenship Act 1956 to be amended to give Irish citizenship to children born through surrogacy, where either of the intended parents is an Irish citizen.