Surrogacy in Ireland

General Scheme of Assisted Human Reproduction (AHR) Bill. This was a huge milestone for surrogacy law in Ireland. This proposed legislation would allow for altruistic surrogacy in Ireland but expressly prohibits commercial surrogacy, similar to the law in the United Kingdom. Furthermore, the Bill requires that the surrogacy be gestational which means that the surrogate’s egg cannot be used to form the embryo. The Bill also proposes that a regulatory body be set up to authorise all surrogacy agreements and oversee the consent of all parties involved in the agreement. The prohibition on commercial surrogacy has received some criticism, but I believe it facilitates all couples having an equal chance to utilise AHR options regardless of their socio-economic background, and prevents financially vulnerable women being pressured into becoming surrogates. In my opinion, having a Regulatory Authority to oversee the process will lend a degree of efficiency and legitimacy. Furthermore, the requirement for the surrogacy to be gestational is appropriate. By requiring a ‘genetic gap’ between the surrogate and the embryo, it eliminates many grey areas as to who the ‘biological’ parent of the child is. If neither of the intended parents can donate the gametes required for the embryo, the Bill does allow for donors. I also believe the provision offering counselling to potential surrogates is a worthwhile inclusion in the Bill as it would help to ensure that the parties involved can give fully informed consent to participating in the process. Overall, I believe this Bill is an incredibly positive development in this area. That being said, I have a number of reservations about and criticisms of the Bill. The first is regarding the restriction of the women who may act as a surrogate, specifically that they must be between the ages of 25 and 47 and have previously given birth to a child. Surely if a woman is deemed eligible to give birth by a medical practitioner she should be allowed to act as a surrogate regardless of her age or inexperience. Moreover, the language of the Bill seems to erase the existence and needs of LGBT people. It makes frequent reference to the surrogate and her husband and fails to mention same-sex couples anywhere. This clearly problematic considering that surrogacy is one of the only options for same-sex couples to have a child. It should prove interesting to see how these issues will play out during the debates in the Dáil and Seanad. Nonetheless, this Bill will hopefully prove a major step forward in the area of surrogacy, as well as a range of others such as gamete and embryo donation, assisted human reproduction and research, posthumous assisted reproduction, preimplantation genetic diagnosis of embryos and embryo and stem cell research. I look forward to seeing how this Bill will be debated and amended in the Houses of the Oireachtas, and we can hope that one day Irish families will have surrogacy as a safe and legal option here in Ireland.

Studying Law Abroad: Notes from Suzanne Flynn

SUZANNE FLYNN

JS LAW AND GERMAN

It is not often that a student of Law begins to miss studying case law and the common law system, but it is safe to say that after an intensive immersion in the Civil Law System, researching case law is something that is very sorely missed. The German Legal System is as one might expect, typically German, with rigid structures and very specific laws. The codified system encourages clear definitions and thorough clarifications and therefore requires intensive study to become well versed in each area of the law. The same of course can be said for the common law, although those cases are generally more vivid and easier to remember. What struck me initially when I began to attend lectures in Eberhard Karls Universität Tübingen, was the profound eagerness of the students to answer questions and contribute actively to the class. Lecturers employ the Socratic method and encourage participation very enthusiastically. It was somewhat frightening to experience this, as it is no secret that most Irish law students would much rather not draw attention to themselves in lectures. The philosophy of the law is constantly questioned by first-year students, who cannot wait to dive into the BGB – Bürgerliches Gesetz Buch (Civil Law Code Book). Their questions become more specific and bizarre as they ask how the law would apply in certain instances. However, their enthusiasm is something that I can learn from, as it is clear they get more out of the classes by actively participating. As an Erasmus student, an advantage of studying abroad is to meet people from all over the world as well as students from the host country. I am lucky enough to be in the company of a number of Italian students, all of whom enthuse about Ecclesiastical Law while downing Espresso shots all through