The new surrogacy law is anticipated to be written, debated, and enacted by the time the Dáil adjourns for the summer in July, according to the Minister for Health.
The official drafting process, according to Minister Stephen Donnelly, is well underway. He said that it would often take many years to pass laws with this much complexity and depth.
He said that he intended to present it to Cabinet soon, following which the Health Committee would discuss it.
“It is crucial the legislation is robust and can withstand rigorous scrutiny. Given the range of complexities involved, and the rights of the various parties involved, it is entirely possible that aspects of this will be challenged.”
He added that it is intended that “certain types of past surrogacy will be recognised in the legislation.”
According to Mr. Donnelly, Kathleen Funchion of Sinn Féin, retrospective surrogacy must be addressed in the law and will be resolved by a court decision rather than a new agency.
This will mean parents will go to the courts for a parental order.
Ms Funchion said her constituents “Brian and Cathy Egan are currently before the High Court on this issue, very courageously putting their story out there, which just goes to show that not everyone has the time.”