Legislation urged after surrogacy ruling

SEANAD:It was not appropriate that human-assisted reproduction should be regulated through High Court and Supreme Court decisions, acting Seanad leader Ivana Bacik (Lab) said.

“Indeed, it’s unfair on couples, on parents and on families to have to take litigation. Many of us have been saying this for years. We need legislation on IVF, on assisted human reproduction and on surrogacy.”

The excellent report from the commission on assisted human reproduction, produced at the instigation of the previous government, should be implemented. She understood that work had been done in the Department of Health on the preparation of legislation in this area. All members of the House should be pressing for its introduction.

While yesterday’s judgment in the High Court was a very important one, it concerned very particular circumstances. The outcome, she understood, was that the genetic mother’s name could be recorded on the birth certificate. While the couple concerned had succeeded in their action it had to be remembered that the birth mother had been supportive of their application.

Senator Mary Henry had consistently raised this issue during her time in the House and had even produced draft legislation on it, added Ms Bacik.

“Whatever one’s view of the judgment, and whether it’s appealed to the Supreme Court or not, this is undoubtedly an area of the law where we do require legislation.”

Terry Leyden (FF) said the judgment was “ground-breaking.” It was well thought out and he hoped it would not be appealed to the Supreme Court. However, no legislation was in place to address its implications. Medical science was now so far advanced that there could be a clear identification of the mother.

Rónán Mullen (Ind) said he thought we were only starting to contemplate how some enormously sensitive issues could be addressed.