Kathleen Funchion presses for timeline on surrogacy retrospection

Catherine Function. Catherine Function. Catherine Function. Catherine Function. My first question is in relation to the surrogacy legislation that we are all hopefully expecting. It was great last December to see that there was really good progress on this. Actually, we are to believe that a lot of the recommendations from the Surrogacy Committee were taken on board. I suppose we are coming into April and also coming into two weeks' recess. Catherine Function is wondering what stage that is at, particularly for parents looking for retrospective recognition. Catherine Function. Catherine Function. In January 2022, the Government agreed that issues relating to international surrogacy required further detailed consideration and agreed to the establishment of a special joint Oireachtas Committee on International Surrogacy. Following the publication of the final report of the Committee in July 2022, officials from my department joined colleagues from the Department of Health and the Department of Justice to form an interdepartmental group to analyse the report and make legislative proposals. Based on the work of this group, the Minister for Health, the Minister for Justice and myself agreed to draft policy and legislative proposals in respect of both the regulation of international surrogacy and the recognition of past surrogacy arrangements, both domestic and international. These proposals were brought to Government and approved in December 2022. Their aim is to establish a legal process to allow for the recognition of parentage in respect of surrogacy arrangements, both domestic and international, undertaken prior to the commencement of the new law. The policy approach approved by Government proposes that a two-step process will be introduced to allow for the recognition of parentage in future international surrogacy arrangements, encompassing preconception approved by the Assisted Human Reproduction Authority and a post-birth court process for the granting of a parental order for surrogacy. The process will include safeguards for the protection of the rights and welfares of all parties to a surrogacy arrangement, the child, including their identity rights, the surrogate mother and the intending parents. The Minister for Health is the lead minister in respect of the development of the legislation. I understand that it is his intention to bring the proposals as amendments to the Assisted Reproduction Bill at committee stage in the Dáil. The formal drafting process in respect of those amendments is well underway by the Office of Parliamentary Council in conjunction with the three departments. The first thing I want to say is that I understand that this technically falls to health, and I know I always have to reword and reword again the question, so I appreciate that you are taking the question firstly. I want to say that the committee that was very ably chaired by Deputy Whitmore was delighted to see that a lot of the recommendations will be taken on board, particularly the thing about the two-step parentage. I know Professor Conor O'Mahony had recommended that, but I suppose my specific concern is around those who are awaiting recognition now, and they do not all have the luxury of time, and I want to specifically reference the Egan family in Kilkenny, Brian and Cathy, who are in a very, very difficult situation. They are in a court process at the moment, and I appreciate you might not be able to comment on that specific case, but for those that are awaiting retrospection, is there a possibility now that we know that we are going to do this legislation that we could look at retrospection now and see if there is a way of dealing with it before the legislation, if it is at the draft stage, and if that is not an option, what stage will we actually see the legislation, even a rough estimate, coming to a committee? I am very aware of the very pressing needs for parents with children where those legal relations have not been properly established. That being said, I do not think we could promise to provide for the retrospective element beforehand. I think this has to be done in the one package. The Government has committed to addressing the issue of retrospective parentage and have set out a range of criteria in terms of how that will be assessed. These criteria will include that the surrogacy was not unlawful at the time in the relevant jurisdiction, it was a purely gestational surrogacy, and the surrogate mother has provided her consent to the granting of a parental order of surrogacy. I think the process needs to have those safeguards that are referred to, safeguards for the child, for the surrogate mother, and safeguards for the intending parents as well. I think the issues involved in proposing legislative measures for transfer and the assigning of parentage in relation to past surrogacy arrangements are highly complex, and that is why we are taking that bit of time across the three departments to draft proper legislation. I appreciate it if you do not, because you are not the lead minister, but is there a rough timeframe for that going to committee, and as I say there are so many people who do not have the luxury of time in relation to retrospective, and if that cannot be done, which I do understand that because we dealt with it at a committee and it was very complex, but we did also in a very tight timeframe come up with very good recommendations, so if there is a way that cannot be done before the legislation is passed, is there a way of saying to parents today listening in that once that legislation is passed within a certain timeframe, maybe six weeks, that the retrospection can be dealt with? I think one of the fears is that there are some very, very good recommendations for couples going forward, and we see now that this is an option for a family make-up surrogacy. It is becoming more of an option, and that is fantastic for people, but that is for going forward, and that is great, and we need that, but what about those that are in the situation now and that are really concerned about now? I want to reference the Egan family, just because they have been through hardship and are in the court since last September about this issue. Thanks. LESCAN GARDLE DEPUTY I will be honest, because I am not the lead department, I cannot give you a specific time. I will speak to Minister Donnelly and I can get back to you directly to give you an indication on time. Following the publication of the proposals in December, I know I have certainly been contacted by groups, LGBT Ireland, and they have flagged that they have had some concerns, particularly for same-sex female couples and how they felt that some of the elements did not cover them. I have raised that with both the Department of Justice and the Department of Health, and that is also now being looked at in the context. We all appreciate both for prospective families who want to use surrogacy or other techniques under assisted reproduction and for retrospective situations. Time is really of the essence here. We absolutely understand this, but this is deeply, deeply complex, and I just think it is fair to recognise that as well. It is very complex legislation. It is establishing new and breaking existing relationships in terms of who gave birth. We have to be careful there, but everyone is very cognisant of the need to act rapidly to provide those protections where those protections for children and for parents don't currently exist. justice. Yeah, I will. You give me a text.