Sir, – I refer to the assertion made by Catherine Maye (March 5th) that the guidance document I recently published suggests that commissioning parents of a child, born by a surrogate mother outside the State, should leave the new-born child abroad while they return to Ireland to obtain certain court orders. This is not correct.
The guidance document states: “In the best interests of the child and as a matter of best practice, a passport will be issued only where guardianship has been established but the Irish authorities may issue an Emergency Travel Certificate . . . to enable the child to enter the State.”
An emergency travel certificate (ETC) may be issued for a child on receipt by the Irish authorities of satisfactory DNA evidence establishing that a commissioning Irish citizen father is the child’s parent and thus that the child is an Irish citizen. The application may be made by the child’s father or by the child’s birth mother, who is, under Irish law, the mother and guardian of the child. Where the application is made by the commissioning father, the consent of the surrogate mother to the issuing of the ETC must be obtained. Where the latter consent is not given, then an application to dispense with such consent may be made to an Irish court.
Each application for an ETC is considered on its own merits and a central consideration is the best interests of the child.
An ETC allows the commissioning parents to bring the child to Ireland, prior to obtaining a court declaration of parentage and a guardianship order. It is important that the father secure a guardianship order in relation to the child, so that he is entitled and obliged to make vital decisions for the child, including decisions on the child’s education, medical treatment and upbringing generally. For this reason, commissioning parents are required, when seeking an ETC, to provide undertakings including that, on their return to Ireland with the child, they will initiate those legal proceedings so as to secure the best interests of the child.
The guidance document was published to provide detailed guidance to those who, as a commissioning couple, seek to arrange a surrogate birth outside the State and to address difficulties that could arise under the current law. To date, no legislation has been enacted by the Oireachtas to address parentage issues that arise in the context of assisted reproduction and surrogacy.
A decision has been taken by this Government to undertake the necessary work in this area and to address the complex range of issues that require consideration. I would urge those considering arranging for a surrogate birth outside the State to obtain detailed legal advice prior to making any such arrangement. – Yours, etc,