Ombudsman for Children’s Office welcomes the report of the Oireachtas Joint Committee on International Surrogacy

The OCO welcomes the Oireachtas Joint Committee on International Surrogacy report published yesterday (Wed, 6th July) which recommends that the Health (Assisted Human Reproduction) Bill 2022 should include provision for children born through international surrogacy.

The OCO is of the view that provision should be made in law for the rights of all children in Ireland born through surrogacy. The Committee’s recommendation that the Health (Assisted Human Reproduction) Bill 2022 should be amended to include provisions that address future and past international surrogacy arrangements is therefore welcome.

Recognising the legal relationship between a child born through surrogacy abroad and their intending parents would provide clarity for children. It would also ensure Ireland complies with its obligations under the UN Convention on the Rights of the Child and European Convention on Human Rights.

It is vital that the best interests of children are the paramount consideration in all decisions relating to a surrogacy arrangement that affect them. It is welcome, therefore, that the Committee has recommended that the best interests of a child born through surrogacy abroad should be assessed on the basis of a non-exhaustive list of factors in the context of decisions relating to their parentage.

The Committee’s recommendation that children aged 12 and over should have access to information on their birth and origin, and that their parents may access such information on the child’s behalf if the child is aged below 12, would be significant improvements on what is currently proposed in the 2022 Bill.

The OCO encourages the Minister for Health to consider the Committee’s recommendations and ensure that the Health (Assisted Human Reproduction) Bill 2022 includes provision for children who will be, and have been, born through international surrogacy.

• 7 July 2022
• Type: Statement