Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

We need to establish some things. This is a very emotionally charged subject, as we know from previous discussions, from what we have read and what we see from the legal cases that have taken place. Professor Madden made an interesting comment regarding judicial oversight at the initial stages, and it is something that is probably vital. I am not so sure how it will operate smoothly and without too much administrative delay. Like everyone else here, I have met and dealt with adoptive parents and adoptees, as well as donor families.

The question of health and the transmission of certain genetic weaknesses is something which the surrogate parent and the proposed parent should know about. That is something that comes under the legal area. I am not a legal practitioner, but we must recognise that we cannot legislate for everything. It is not possible. Neither should we put our own bias on legislation in any form. We must do our best and do so impartially with all due regard for ethical, medical, and moral issues and try to arrive at the best decision. It will take considerable time, we cannot achieve it overnight, but we need to do everything we can to get it right. We are not infallible and neither is anyone else here or elsewhere, even though some might pretend they are. We need to try our best to eliminate the possible obstacles, having regard to the many things that have happened in the past, and come to a conclusion as to the best way to proceed. We must also consider two issues. First is those who yearn and long for a child and who cannot have one for whatever reason. Among them there are those who can and cannot afford different options. Under the Constitution, we are expected to legislate in a way that evens that imbalance insofar as we can, without the deprivation of entitlements or rights on any side. The information we have been given this morning is very important and we need to use it in drawing up or amending of the legislation, whatever the case may be. There are many more opinions which must also be borne in mind, but as legislators we must take on board the information presented to us. We do not know what expertise may emerge in 20 years.