Wednesday 28 September 2016

Referendum Commission: Couples have no 'right' to surrogacy

Published 13/05/2015 | 11:40

Mr Justice, Kevin Cross, chairperson, of the Referendum Commission Credit: Damien Eagers
Mr Justice, Kevin Cross, chairperson, of the Referendum Commission Credit: Damien Eagers

No one will have a right to surrogacy if the marriage equality referendum passes, says the Referendum Commission.

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Justice Kevin Cross, who heads the commission, said there was no automatic right to have children in Ireland.

“There is no right to surrogacy - at the present moment, surrogacy is not regulated at all," he told Newstalk radio.

"There is not right to access [surrogacy] in law, and there is no right to prohibit anyone accessing surrogacy."

Reading More: 'Whether people vote yes or no, the adoption process is not going to change' - Chair of Adoption Agency ahead of marriage referendum

Addressing the arguments about surrogacy, he said there would be no change to the current law regardless of the outcome of the referendum.

“The Government has announced plans to regulate surrogacy. We don't know how they will be regulated, but it is going to be regulated independent of the outcome of this referendum."

Read More: 'No' campaign has ignored the real issues affecting children

Speaking on the Breakfast Show, Mr Justice Cross outlined the difference between marriage and civil partnership, saying married couples have Constitutional and legal protection - whereas civil partners have legal protection only.

The Referendum Commission is to issue a statement on surrogacy and adoption and the issues surrounding them.

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