In Ireland, there are potentially up to 2,000 children resulting from surrogacy who are awaiting official acknowledgement of their parenthood, according to reports that an Oireachtas committee heard. The retrospective acknowledgement of these children’s parents is highly anticipated, and regarded by many parents across the nation as an essential part of the forthcoming legislation, stated Health Minister Stephen Donnelly.
Minister Donnelly clarified this to the committee while speaking on the Assisted Human Reproduction (AHR) Bill. The goals of the bill are to regulate AHR, international surrogacy agreements, and validate past surrogacy arrangements. He voiced that there is no precise count of the children still waiting for their parental recognition since there’s no official record, estimating the potential number could be between 300 and 2,000.
The apparent lack of precise data was criticised by Sinn Féin TD and health spokesperson David Cullinane as being odd, and he suggested that there should be a better understanding of the numbers involved. He noted the wide discrepancy between the lowest and highest estimates, adding that regardless, it will consume a significant amount of court time to issue these parental orders.
Donnelly affirmed the importance of ensuring retrospective parental acknowledgement, promising that the Bill will be enforced by the end of 2024. Meanwhile, Justice Minister Helen McEntee is ensuring that the high courts are prepared for the upcoming orders.
Donnelly also stressed the need for the courts to have adequate capability to handle what could be a large number of prospective parents. Although parents will typically have to bear the cost of High Court orders, accommodations will be made in legitimate instances where they are financially unable to do so.
Moreover, the committee also understood that medical practitioners specialising in assisted human reproduction have concerns about not being able to offer advice or treatment to those who participate in unpermitted surrogacy, under the current wording of the Bill.
Róisín Shortall, a Social Democrats TD, has raised questions about the level of care provided to surrogates engaged in unauthorised surrogacies. She elaborates that the current legislation offers no protection to Assisted Human Reproduction (AHR) professionals who provide advice under such illegal circumstances.
Mr Donnelly remarks that if a surrogate mother necessitates medical attention, there should be no room for doubt about its provision. He acknowledged there is an exemption in place concerning the medical treatment for expectant women. However, he emphasised the point that non-approved international surrogacies are illegal and should not be promoted.
Further, he notes the necessity to scrutinise the wording to ensure complete protection. He maintains that if someone participates in an unauthorised act, but still requires healthcare, they must not be denied that treatment.
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