Parents of children who have been born through surrogacy are calling on the Health (Assisted Human Reproduction) Act 2024 to come into effect without delay.
This act, which was signed into law by the previous Government, was aimed at regulating fertility clinics to ensure that assisted human reproduction and related areas of research are "consistent and standardised".
The existing Irish law rules that children do not have full legal recognition of the relationship with both parents.
Later today, the Irish Families Through Surrogacy (IFTS), are to hold a briefing for Oireachtas members in order to highlight the need for Irish surrogacy law. A commitment to commencing this act as part of the current Programme for Government.
However, many of the provisions from this Act have not been brought into effect, while certain surrogacy arrangements are not covered under this legislation.
Following this, extra legislation has been drafted to ensure legal protection for all children who have been born through surrogacy, regarding the outstanding issues of parentage and citizenship. This has been under further consideration and consultation with the office of the Attorney General.
Key to this has been the establishment of an Assisted Human Reproduction Regulatory Authority (AHRRA), in ensuring regulation of the sector and the process is under way.
Former Fine Gael senator, Mary Seery Kearney has spoken about her daughter Scarlett, who was born via a surrogate.
Speaking recently, Ms Seery Kearney said that she is not legally recognised as Scarlett's mother as she did not give birth to her, despite the fact she is legally her guardian. Ms Seery Kearney said her daughter says that she "is born from my heart because she couldn't be born from my tummy".
She admitted that the worry remains that something may happen to her daughter's biological father.
If that was to happen, Scarlett would not have a legal parent in the State.
"I'm not recognised as her parent. I'm recognised as her guardian, but I'm not her mother," she said. "even though I have always been her mother".
She added that in relation to issues around citizenship and residency for children born through surrogacy, legislation has been passed and signed by the President, but it needs to be commenced.
She said that Part 12 of that "would deal with the legal rights of our children to have recognition of both of their parents".
The former senator said she believes that this legislation does need to be in place, but there seems to be no urgency in establishing it.
"The amending piece of legislation languished in the Department of Justice for months, months with very little action happening on it", she added. "Our daily lived lives are that our children are discriminated against in the rights to inheritance, in the rights to their parents. And that needs to be dealt with as a matter of urgency and can be if Part 12 has commenced".
