Whither Best Interests? The Regulation of International Surrogacy in Ireland

This article considers the role of the best interests principle in Ireland's forthcoming regulation of international surrogacy, both in terms of providing the initial impetus for the regulation and its position within the legislation. It is argued that the protection afforded to the principle in cases of international surrogacy falls short of Ireland's international obligations in respect of children's rights. Moreover, it is contended that the reasons advanced by the Government for refusing to protect the best interests principle at the level of paramountcy are unconvincing when these obligations are considered and in light of the experience of England and Wales where the courts have developed a significant body of case law in respect of the welfare principle as the paramount consideration in surrogacy cases.