Children born to surrogates suffer from a “legislative vacuum” in Ireland, the government’s special rapporteur on child protection has told politicians today.

New rules proposed by the Department of Health will provide stronger regulation but only for domestic, non-commercial surrogacy. Most European countries ban commercial surrogacy outright on the basis that it commodifies children and exploits low-income women.

Conor O’Mahony, the government’s special rapporteur on child protection and a law professor at University College Cork, told the joint committee on children and youth that there is a legal limbo for children born through commercial surrogacy abroad.

“Even if domestic surrogacy is regulated, there will always be families who will opt for international arrangements, whether due to the availability of surrogates or other issues. It is unsustainable to allow these families to remain in the legal twilight zone they currently inhabit,” he is expected to say today.