Dr. Thomas Finegan:

It is always a matter of some speculation but there is a genuine question mark over it. It does not give any credence to the idea that the child might have a right to know the identity of his or her biological parents or that the child has any sort of right to the care, society and support of their natural parents. When one reads that in the context of a Constitution that for decades has placed such a strong emphasis on the genetic link between children and their biological parents, one can imagine that there could be some constitutional questions there. One has only to look at recent cases such as M.R. & Anor v. An tÁrd Chláraitheoir & Ors and McD v. L where the genetic link was seen to be very important. In McD v. L, it was held that the best interests of a child conceived through assisted human reproduction commissioned by a lesbian couple meant that the sperm donor father ought to be granted access rights to the child. That would have some sort of relevance to the issues we are discussing here and the question of whether the general scheme as it is currently constituted gives or does not give enough protection to the rights of the child. The best interests of the child only seem to kick in when adult reproductive autonomy has been served. Only then, when we are talking about guardianship, access and all those other aspects of family law, does the best interests principle kick in. Prior to that, it seems to be completely absent.