Surrogacy advocates have called on the Government to allow Irish parents to compensate surrogates financially when having children through surrogacy abroad.
Speaking outside the Dáil in advance of a debate on the Assisted Human Reproduction Bill on Thursday, Irish Families Through Surrogacy (IFTS) clarified its position in relation to the financial remuneration international surrogates would receive.
“There is, at times, confusion between commercial surrogacy and compensatory surrogacy,” said Ciara Merrigan, chair of IFTS. “We would be advocating for the surrogate to receive financial payment for things like maternity clothes, medication, dietary expenses and any loss of earnings [during pregnancy]. We’re not looking for state support but that you wouldn’t stop reasonable expenses, because we believe that surrogates should be compensated.”
The request to avoid blocking compensation being paid to surrogates was one of three concerns with the legislation raised by IFTS in advance of the Dáil debate. The group also called for greater protection for Irish LGBTQ+ couples seeking to have children via surrogacy in the form of an amendment to the Government’s proposed policy of creating a green list of countries.
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“The Government is advocating that there is a green list of particular countries that Irish couples could go to to undergo a surrogacy journey, said Merrigan. “However that would restrict some couples, in particular same sex couples, because not all countries accept same sex couples, so it could be quite restrictive.”
The third concern raised centred on which court would hear retrospective parental orders from parents wishing to be legally recognised as their children’s parent or guardian once they have arrived in Ireland following surrogacy.
Fine Gael Senator Mary Seery Kearney, who had a child through surrogacy in 2015, echoed her support for the request that retrospective parental orders be dealt with by circuit or district courts, rather than the High Court. At present, Ms Seery Kearney is not legally recognised as her daughter’s mother and must go to the High Court to be seen as such.
“I am hoping there is a quick and easy route for parental orders, for retrospective surrogacies and prospective surrogacies, that it is as inclusive as possible,” said Ms Seery Kearney. “At this point in our family, the Circuit Court has already overseen all of our documentation. The District Court, in respect of my guardianship application, have already overseen all of our documents. This [parental order] will be our third time in court, it’s reasonable that it is in the lowest and cheapest court possible.
“We’ve already spent a fortune and it was worth every cent. However, people have mortgaged their futures in order to hold their babies. It is reasonable that the state doesn’t put up an impediment now that is going to prevent access because of the prohibitive cost of the High Court.”
Fiona Whyte, mother of twins born through surrogacy in India in 2013, said that the proposed legislation would see her legally recognised as the mother of her two children. At present, she is their legal guardian but only her husband, Sean Malone, has received a declaration of parentage. “Our twins are coming up on 10 this year now, I didn’t think 10 years on I’d still be fighting this,” said Ms Whyte.
“I’m the mother, I’m recognised as their mother by them, but not legally. The state doesn’t recognise me legally. I’m a legal guardian but that ceases at age 18, so if this legislation doesn’t come in, again I’m not legally recognised. So where does that leave succession rights? It’s all up in the air.”
Ms Merrigan, chair of IFTS, said she hopes that the bill will allow for retrospective parental orders to be completed by the end of the year. “These are Irish children, living in Ireland that need equality in terms of their legal stance with their parents that are caring for them every day. They are here, living, breathing Irish children, citizens that need to be cared for and legally protected.”
Minister for Health Stephen Donnelly said he hopes that long-awaited surrogacy legislation will be with President Michael D Higgins to be signed into law by mid-July.
Mr Donnelly said he intends to secure Government agreement on the final bill and amendments and will send it to the Oireachtas Health Committee during the Dáil’s summer term.
The Fianna Fáil TD told the Dáil on Thursday there are 134 pages of legislation as it currently stands with amendments to 11 parts of the bill.
Mr Donnelly said it would be up to the Oireachtas Health Committee as to when the bill would go through committee stage. He said he would then try to ensure the legislation would be passed “through all stages of the Oireachtas and up to the President during this Dáil term”.
“We can’t guarantee that, because there are many moving parts and there are many different groups involved so it’s not in my gift to guarantee that,” he said.
“What I can say is that it is the absolute determination of myself, minister [Simon] Harris, minister [Roderic O’Gorman], of Government, and I think there is broad political support right across both Houses [of the Oireachtas] for this.” So that is our determination, to have this with the President by the time the Dáil and the Oireachtas rises in the summer term.”
