'It's about protecting children' as surrogacy campaigners seek legal rights

Rosanna Davison, whose first child was born via surrogacy, says she has been waiting three and a half years to be recognised as her daughter’s legal mother. Picture: Gareth Chaney 

The Minister for Health has promised families of children born via surrogacy that new legislation going through the Dáil will recognise all of their rights.

Stephen Donnelly was speaking as the Special Joint Oireachtas Committee’s report on surrogacy was being debated on Thursday.

The proposed Assisted Human Reproduction Bill will safeguard the rights of surrogate children as well as their intending parents, he said.

The Irish Families Through Surrogacy group was present at the debate, supported by former Miss World Rosanna Davison and health coach Georgie Crawford.

Ciara Merrigan from IFTS has twins born via surrogacy and she highlighted the group's three main issues with the current legislation.

“We want retrospective parental orders to be dealt with by the Circuit or District Courts rather than the High Court; we hope this will be done by the end of the year," she told the Irish Examiner.

“Also the green list system of Government-recommended countries should bear in mind same-sex couples who may not be accepted by a particular country. We also want reasonable expenses for surrogates," she said.

The Special Joint Oireachtas Committee on International Surrogacy published its final report in July and it included 32 recommendations.

David Seery Kearney and Senator Mary Seery Kearney with daughter Scarlett, 7, among the supporters and friends of Irish Families Through Surrogacy at a rally highlighting concerns about the surrogacy legislation. Picture: Gareth Chaney/ Collins

Speaking during the debate, Mr Donnelly, who was joined by Justice Minister Simon Harris, said the Government has not accepted two of those recommendations.

He said the rationale for this “stems from additional protections we wanted in place for the surrogate and intending parents in terms of ensuring that court hearings can be scheduled, and secondly that all children who are eligible for parental orders get the benefits of these orders in a reasonable period of time”.

Mr Donnelly said the bill is "significant" and will make a huge difference to families and to children born via surrogacy.

“You must have full recognition and rights under the law as the parents of your children," he said.

Your children deserve, your children must have, and your children will have the full protections of parental recognition and associated rights. That is what our new legislation does.

“The legislation we’re finalising provides a full retrospective route for you and your children; this is what we are finalising now to bring to the health committee, and this is what will be available to you via the courts when this legislation is passed".

The new surrogacy laws are expected to be enacted later this year.

Ms Davison, whose first child was born via surrogacy, told the Irish Examiner: “I am still waiting three and a half years later to be recognised as my daughter’s legal mother, despite being her biological mother.

“It’s about protecting children and my own daughter’s future”.