AT LEAST 15 children born through surrogacy to Irish couples abroad are caught in a legal limbo which has left them either stateless or unable to get an Irish passport. This is despite the recommendations of the Commission on Assisted Human Reproduction – established more than a decade ago – which urged the Government to regulate surrogacy. Meanwhile, many parents say delays in resolving their children’s legal status is a source of ongoing stress and is likely to involve expensive legal action. One Dublin couple in their 30s, who have been stranded abroad in India for several weeks, say they are “tearing their hair out” waiting to have their child’s status regularised. “We are tired and angry with the Irish authorities,” said one of the parents, who declined to be named.
MINISTER FOR Justice Alan Shatter is to publish official guidelines next month to assist parents who plan to have children via surrogate mothers abroad in a move aimed at preventing babies ending up in “legal limbo”. However, he was unable to say when long-promised legislation for the wider area of assisted human reproduction would be published. Mr Shatter told The Irish Times that pressure on the Government in drawing up legal changes linked to the EU-IMF bailout meant there was no guarantee of when legislation would be ready. He said a “consultative process” has begun between officials in the various Government departments and hoped significant progress would be made next year. His comments come at a time of growing concern for the welfare of 15 children born by surrogacy abroad who are now either stateless or unable to get passports.
This document is intended to provide guidance as to the principles that will be applied by the Irish authorities when considering (i) whether a child is an Irish citizen, and (ii) who the child's legal parents and guardians are, for the purposes of dealing with applications for travel documents on behalf of children born outside the State as a result of surrogacy arrangements.