Surrogacy and Irish law

Permabear

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The Corinthian

It is clear that Shatter seeks to discourage or effectively halt the use of surrogacy in jurisdictions where Irish law does not hold.

His argument, of the exploitation of surrogates in other countries, reasons that to protect them, the rights of the biological parents must be sacrificed. Of course, this is based upon the premise that there is indeed exploitation, which is arguable, but an argument that we are unlikely ever to debate. He knows best.

The irony is that Shatter appears to only worry about exploitation when it does not involve his (former firm's) professional billing practices.

In practical terms though, I don't know if it makes that much of a difference. The biological mother may still 'adopt' the child and once in the custody of the biological parents, including the biological father, it is unlikely that any court would take custody away from them even if the surrogate were to claim it - and for such a case to even take place would be politically very embarrassing to Shatter. Ironically, the surrogate would then be obliged to pay maintenance under Irish law.

Permabear

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The Corinthian

Permabear wrote: »

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The purpose of not reforming the law is to deter 'exploitation', so it's not going to make things easy for people by design.

We have numerous other such coercive laws in Ireland designed to make people adopt a family model designed to 'protect against exploitation' - the automatic nature of cohabitation rights after two/five years together (marriage lite tm) being an example.

The purpose of such legal strategies is to deter or block people from making lifestyle, fertility or family choices that the state does not like. The problem is not so much that these legal strategies exist, but that (as with the cohabitation law) there is practically no debate on the subject and is instead left to the opinion of a minority of politicians and unaccountable interest groups.

Also, it's the case that only a married couple can adopt in Ireland, so unmarried and gay couples who use surrogates can't have their legal relationship to the child easily resolved through adoption.

Agreed, although they don't necessarily have to adopt in Ireland. Irish citizens used to get divorced long before it was legal in Ireland. They just went elsewhere to do so and international laws meant that the Irish government had to recognize them.

Hypothetically, if a lesbian couple used a surrogate to have a child, neither of them could be defined as a legal parent -- which leaves the child in complete legal limbo.

Indeed. But their sacrifice is a small price to pay to protect allegedly exploited women, is it not?

family10

This is a subject a lot of people may take an intrest in!!
would you be come a surrogate for a family Member or for a complete stranger?#
I think I would Defiantly consider it.
Have 3 children of my own Could not imagine what life would be Like without them.
Imagine not being able to Carry your own Baby.
I certainly like to be able to help other to to have a family