Ireland could become a world leader for countries across the world that are grappling with the issue of surrogacy, according to a legal expert.
Family law solicitor Annette Hickey told Moncrieff that the Health Assisted Human Reproduction Act, set to come into effect this summer, will be a 'massive step forward' in surrogacy regulation.
“It’s quite complex – and I don’t say that easily,” she said.
“The Health Assisted Human Reproduction Act was signed by the President last year. Lots of people presumed it was live then; it’s not."
Ms Hickey said while it is expected that surrogacy provisions will commence in June of this year, this is not set in stone.
“Minister Donnelly, a couple of days coincidentally before the General Election, published a letter where he confirmed it was his intention that part surrogacy provisions would commence on June 1st, 2025,” she said.
“Minister Donnelly is not going to be in the new Government; so again, it was his intention.
“Now, hopefully the new minister will confirm whether a commencement order or statutory instrument was actually signed by Minister Donnelly.
“If it wasn't signed, whether he or she are ready to sign that commencement order and to give, I suppose, some clarity and guidance to Irish advocacy groups.”
According to Ms Hickey, this bill could make Ireland a “world leader” in the regulation of surrogacy.
"We're going from a situation where we've no legislation to almost being world leaders," she said
“I’ll speak about an international surrogacy journey, just for a moment.
“So, with an international surrogacy journey, the regulatory authority will publish a list of approved surrogacy jurisdictions.
“In deciding what is an approved surrogacy jurisdiction the regulatory authority is going to assess:
- the legislation in that country,
- whether commercial surrogacy is provided for in that legislation,
- the protections afforded to children born through assisted human reproduction in the event that they don’t get the care that they require,
- the regulation and oversight of the treatment facilities and how pregnant women – whether they’re surrogates or pregnant women – the protection afforded to them and the bodily authority.
“So, there will be a list of surrogacy jurisdictions.”
Ms Hickey said this bill will also set out guidelines for the necessary counselling and legal advice for surrogates.
She also called on the new Government to put out an update on any changes the bill has gone or is expected to go through.
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Main image: Pregnant Woman Having 4D Ultrasound Scan