Sir, – In response to Kitty Holland's article (October 26th) on the call for a ban on surrogacy in Ireland, advocated by campaigner Jennifer Lah, it strikes me that adopting this stance will inevitably lead us to the familiar policy of exporting yet another important social issue.
Instead, what is needed is a measured response involving a deeper public debate. Ms Lah expresses the very real concerns that most people would share about surrogacy, such as the commodification of children and the impact upon the gestational mother’s mental health.
These are issues that need to be addressed. But while a total ban on surrogacy may silence the conversation, desperate couples and individuals will continue to travel to other countries where the practice is legal, unregulated or permitted, depending on their destination.
As India seeks to ban commercial surrogacy it is unlikely people will continue to travel there.
However, they will travel. An effective global ban is both unreasonable and unlikely. As such, there will inevitably be somewhere to travel to.
If Ireland fails to recognise children born abroad through surrogacy, we may find ourselves in conflict with the European Court of Human Rights. In what circumstances will it be in the best interests of the child to separate them from their genetic parent (where sperm and egg are provided by the intended parents), to be returned to a woman who has relinquished her parental rights? Almost never, or at the very least nearly never.
This is only one aspect of surrogacy arrangements that need to be explored. There are a number of other issues but shutting the door will go no way to addressing these concerns.
We need to engage with these issues. We need to learn from other countries. We need to consider the views of all the people involved, and decide as a country the best way forward for us.
– Yours, etc,
HAYLEY MULLIGAN
School of Law
National University Ireland
Galway,