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Dáil
‹ An tOrd Gnó - Order of Business

Retrospective surrogacy rights

Summary

Deputy Dempsey seeks enactment of retrospective surrogacy provisions granting parental recognition; the Health Minister says amending legislation and a regulatory authority are required.

The assisted human reproduction Act was passed by these Houses in 2024, but has not yet been enacted. Retrospective surrogacy legislation will provide a pathway to parental rights to the second parent of eligible families. This part of the Bill is aimed at ensuring that children born through surrogacy in the past have the same recognition as other families. I raise the case of my constituent in Meath West. Lorraine, who is a mother, gets her twins up and out to school every day, brings them to gymnastics and puts plasters on their cut knees, but who they call "Mammy" is actually called "Lorraine". She is not legally entitled to travel with them on her own, nor make medical decisions on their behalf. Lorraine and her husband live as unequal parents. He has full custody and grants her guardianship over her own children. Ten years on from marriage equality, the children of many of those marriages are not experiencing equality today. If the wider legislation is proving problematic, the retrospective surrogacy element should be progressed separately. These are living, breathing families operating in society. They should not continue to be viewed differently by the State.

Comment on this

I thank the Deputy for raising this important issue. I have met a number of the groups that are impacted by this. This is something on which we have been working together for at least ten years. Prior to that, it related to families that were impacted by inequalities in adoption. We are well aware of the inequalities that are there.

The Act was passed last year. It needs amending legislation. Apart from anything else, the authority needs to be established. I have received names for a board and we are advertising for a CEO position. All of those things need to be in place to be able to do the suite of work. Subject to the timing of the Oireachtas, I hope to publish the legislation before the Dáil rises. It is up to the Oireachtas how quickly it progresses it. Once all of those things are together and the authority is in place, we will be able to commence everything together.

Comment on this