Ireland is "absolutely not" legalising commercial surrogacy, a solicitor specialising in surrogacy has said.
Annette Hickey was responding to earlier comments by columnist Brenda Power who criticised Ireland’s new surrogacy legislation.
In July, the Health (Assisted Human Reproduction) Act 2024 was signed into law by President Michael D Higgins.
Previously under Irish law, babies born through surrogacy were not automatically recognised as the children of the women who were raising them and advocates of reform argued this left families in "legal limbo".
The legislation establishes a new legal framework that aims to streamline the legal recognition of the relationship between parents and children born through surrogacy.
Ms Power earlier suggested that there were concerns that Ireland is "becoming the first country in the EU to legalise commercial surrogacy through this legislation".
Ms Hickey told The Hard Shoulder Ms Power's interpretation is incorrect.
"The Health (Assisted Human Reproduction) legislation, which has yet to commence, includes provisions which provide for the establishment of a regulatory authority," she said.
"After that regulatory authority is established, it will allow for permitted international surrogacy.
"Permitted international surrogacy is a surrogacy arrangement where the surrogacy takes place in an approved surrogacy jurisdiction and where the surrogacy is not commercial surrogacy.
"So we are absolutely not legalising commercial surrogacy - in fact, we are prohibiting commercial surrogacy both domestically and internationally in this legislation."
Laws and protections of the country
Ms Hickey described the legislation as "a huge step forward".
"In the legislation it details all of the criteria and the matters and the issues that the regulatory authority have to consider - together with the Minister for Health and the Minister for Foreign Affairs - in deciding whether a particular jurisdiction will be an approved jurisdiction," she said.
"That includes the ability that the regulatory authority has to monitor compliance with international surrogacy arrangements in those countries, what type of regulation there is and oversight over medical professions in those countries and agencies in those countries."
Ms Hickey said the law of the country and any protection given to children born to surrogacy will also be considered.
"There's an awful lot there and the regulatory authority has yet to be established," she said.
"We're going to be one of the first [countries] in Europe to try to introduce a regulation framework which will ensure that there is no exploitation.
"In the absence of legislation and regulation... that's how such exploitation can continue."
Ms Hickey said there will be counselling, legal advice and documentation around the entire process.
"I think there was an effort here to ensure that there is oversight and checks and balances and accountability to ensure that there is no exploitation of any surrogates."
She added that clarity around dates for establishing the regulatory authority "would be really beneficial and helpful".
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