Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The effect of the Deputy's proposed amendment would be to enable the donor to contract out of parentage without the kind of safeguards and procedures that are in the Bill. The strong legal advice that I have is absolutely against doing that and the case law that I have quoted in relation to the Supreme Court is very clear about the assignation of parentage in that case. The way the Bill is constructed is to ensure that where there is that transition from the donor to parentage, there is a very clear route outlined for all involved so that the rights of everyone are protected, the donor and the parents. What we have done in the Bill is that we have outlined clear routes to parentage but we have the safeguards of where the procedures are taking place and the independent verification of them. That really is the essence of the approach. As far as I am aware, there is no precedent for what the Deputy describes of opting out of the parentage provisions by a donor by way of affidavit. I am not aware of any precedent for that.

This Bill is a beginning and in looking at this Bill, Deputy Shatter was dealing with the parentage aspects in order to have clear procedures in this area regarding what I call the routes to parentage where there was donor-assisted reproduction.