In just a few short weeks we have noted surrogacy scandals in China, Greece, Vietnam and Georgia. These illegal operations are investigated by the police, often for long periods of time, arrests are made and those involved are punished.
You would think that this would be a deterrent, given the likely prison sentences, but still it continues and appears to be happening more and more frequently. I know this as I have been monitoring the media exposure of such crimes since 2019 when I came to the subject of surrogacy reform.
In the 4 years since then I have heard all the arguments for regulation. Many argue that banning surrogacy completely sends the process underground; they say it cannot be stopped as people want to have a baby and this is their only option. They argue that the best way is to build a legal framework so surrogacy can happen safely, even ethically.
Following the return of the the Irish Dail from summer recess, it is likely that the Assisted Human Reproduction Bill will be heard this Autumn. Currently at Stage 3 for amendments, the Bill looks at regulating “the provision of any treatment or procedure, including such treatment or procedure for the purposes of surrogacy within the State, that involves the handling of gametes or embryos, or both, for the purposes of establishing a pregnancy”.
The recommendations of the Special Joint Committee on International Surrogacy will probably be included and the Bill has a lot of support from both Senators who have personally benefited from surrogacy and from the general public who have been fed the media line that for infertile couples in Ireland, there are no other options.
The recommendations include that surrogate mothers overseas will be required to sign an affadavit and that surrogacy arrangements are “fairly and ethically compensated”. Whilst politicians in Ireland may be confident of this there is no way they can be certain. What surrogacy agencies and lawyers advise in say, Ukraine, is outside of their jurisdiction. What they can be sure of is that upon landing back on home soil, Irish citizens can secure parental rights through a legal framework: this is the goal, this is what this law will secure.
Historically the treatment of women and children in Ireland shows that motherhood and the rights of women have not always been respected. From the scandals of the Magdalen Laundries and the obstetric violence of Symphysiotomies, Ireland has a shameful history and the leigitimisation of buying babies from women in other countries fails to demonstrate a departure from these outdated ideas of women serving a purpose.
It is right that people committing crimes should be punished. It is not right to legalise the importation and trade in children by exploiting vulnerable women for their ‘reproductive services’.
If you are a resident in Ireland, please write to your TD, you can use our suggested points and resources here to help.
