Oireachtas

‘Up to 2,000’ children born through surrogacy awaiting formal recognition of parentage

Retrospective recognition the most significant part of Assisted Human Reproduction Bill, says Donnelly

The Irish Families Through Surrogacy group attend a rally at Leinster House Dublin last year. Photograph: Gareth Chaney/Collins Photos

Jack White
Wed Mar 6 2024 - 19:00

Up to 2,000 children born through surrogacy are awaiting a formal retrospective recognition of their parentage in Ireland, an Oireachtas committee has heard.

Minister for Health Stephen Donnelly said the retrospective recognition of parentage is the most “significant and eagerly awaited component of the whole legislation” for many parents across the country.

He was speaking at a committee meeting on the Assisted Human Reproduction (AHR) Bill which aims to regulate AHR practices as well as international surrogacy agreements and the recognition of past surrogacy arrangements.

Mr Donnelly said the real number of children awaiting recognition of their parentage is unclear as there is no register, adding that estimates range from 300 to 500 before saying there may be 2,000 children.

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Sinn Féin TD and health spokesperson David Cullinane described the estimates as “strange”, saying: “You would think we’d have a better capture of how many children we’re talking about.”

“There’s a difference between 300 and 2,000 but whatever the figure is, it’s going to be a lot of time on the courts to grant the parental orders,” he said.

Mr Donnelly said the retrospective granting of parentage is a “top priority”, adding that the Bill will be implemented before the end of 2024, while work is under way by Minister for Justice Helen McEntee to ensure the high courts are ready for orders.

[ Explainer: what are the new plans for domestic and international surrogacy arrangements? ]

“There needs to be sufficient capacity within the courts to deal with what is going to be a lot of intending parents,” he said.

Parents will be expected to pay for High Court orders themselves, however, Mr Donnelly said “legitimate cases” where parents are unable to afford it will be accommodated.

Separately, the committee heard that medical professionals working in assisted human reproduction are concerned that they will not be able to give medical advice or care to those who engage in an unpermitted surrogacy.

The Bill currently states that a person shall not knowingly provide a technical, professional or medical service concerning an unpermitted surrogacy.

Social Democrats TD Róisín Shortall argued that there is a question mark over the provision of care to surrogates who have engaged in unpermitted surrogacies.

“The concern is that AHR professionals under the existing proposals would not be protected if they gave that advice in circumstances where a person engaged in unpermitted arrangements,” she said

Mr Donnelly said if medical treatment is required for a surrogate mother, “there can be no question of ambiguity about that” adding that there is an exemption concerning medical treatment for pregnant women.

“At the same time, we do want to make it clear that the non-permitted international surrogacies are not within the law and they should not be facilitated,” he said, adding that the text will be examined further to ensure it is fully safeguarded.

“If someone has done something they shouldn’t have done but they need medical care anyway, there can be no question of them not getting that medical care,” he said.

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