Published in:
01-08-2021 | Review Article
Reproductive surrogacy in Ireland — an ethical and legal context
Published in: Irish Journal of Medical Science (1971 -) | Issue 3/2021
Login to get accessAbstract
Reproductive surrogacy can be altruistic or commercial, each with complex ethical considerations that are complicated by heterogeneity in governing laws across jurisdictions. Surrogacy in Ireland is relatively new and largely unregulated, so this review aims to elucidate its current regulatory status and associated ethical issues.
Aims
On reproductive surrogacy from an Irish legal perspective, to:
1.
Illustrate the lack of established legislation
2.
Describe draft statute
3.
Demonstrate the inadequacy of current non-statutory regulation
4.
Examine European and Irish Constitutional Law
5.
Exhibit challenges in case law for parenthood:
i.
The lack of recognition of intent to conceive compared to non-Irish jurisdictions
ii.
The lack of recognition of international surrogacy
iii.
The lack of procedures to transfer legal parenthood
iv.
The legal/medical/religious/socioeconomic consequences of 5] i, ii, iii
On reproductive surrogacy from an Irish ethical perspective, to:
6.
Analyse ethical issues in altruistic surrogacy
7.
Evaluate ethical issues specific to commercial surrogacy:
i.
Financial and emotional exploitation
ii.
Commodification of children and women’s bodies
iii.
Child welfare
iv.
Healthcare inequality
Conclusion
Irish reproductive surrogacy exists in a legislative vacuum and is poorly governed by non-statutory regulation. However, Ireland is free to draft laws aligned with modern societal views on reproduction, which is especially relevant given the recent legalisation of same-sex marriage. Ethically, carrying mothers and children are vulnerable, particularly in commercial arrangements, with significant financial disparities between commissioning and surrogate parties. Altruistic arrangements can be a boon to Irish society if supported by public education and appropriate legal frameworks.