Professor Deirdre Madden:

The Deputy asked whether or not, from a legal perspective, this can be achieved. I, like Professor Hayes, as a member of the Commission on Assisted Reproduction, welcome the point we are now at. I have been involved in this area for 30 years as a researcher, writer and academic. I have a master's degree and PhD in the law relating to assisted reproduction so I strongly welcome that we are finally at this stage of at least talking about introducing legislation. I welcome the fact that this proposed Bill has been informed by the recommendations of the Commission on Assisted Reproduction because that was a lengthy process that took four years, with a multidisciplinary group, expertise, submissions and so on. As it was a worthwhile exercise, I particularly welcome that the Bill has been informed by that in establishing a regulatory authority, independent inspections of clinics, national standards and international best practice. All of those are crucial and the Bill broadly achieves the aims of clarity and certainty in relation to IVF and treatments of donor gametes.

There is still a lot of room for improvement in the current Bill. Revisions in wording, language, terminology and all of the things the other witnesses have mentioned are necessary and I have expanded on those in my submission.

The major flaw of the Bill relates to surrogacy, and the flaw will result in continued travel for Irish people to go abroad for surrogacy to other jurisdictions because they will be unable to avail of the limited mechanism offered by the Bill. The lack of clarity in respect of those children born in those circumstances is contrary to the best interests and rights of those children. I urge that that part of the Bill, at least, be rectified.