Donor assisted human reproduction has become an increasing phenomenon in Irish Society. Surrogacy be it on a formal or informal basis has become more and more prevalent. The Law has lagged behind the science in this area. Accordingly, there is very little regulation. This leaves persons entering the process in an uncertain situation, it also leaves them unsure as to the legal rights of themselves, their children and any other parties.
Professor Conor O’Mahony recently reviewed the area of surrogacy. The recommendations of Professor O’Mahony was that the Government would draft new and comprehensive Laws on surrogacy. The Report said that there should be greater legal oversight in respect of all surrogacy arrangements to include altruistic surrogacy. His Report titled “A Review of Children’s Rights and the Best Interests in the Context of Donor Assisted Human Reproduction Surrogacy in Irish Law” will inform the next steps in the enactment of the assisted Human Reproduction Bill.
What is very much to the fore in this piece of work is the best interests of the child. The Report also considered that the criteria for determination by the Courts and any Statutory Body should be in the best interests of the child. Indeed, the best interests of the child is the corner stone as to all Family Law matters.
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