Ms Paula Fagan:

Pretty much. The way same-sex male couples are accessing parental pathways means they primarily use surrogacy or adoption, although adoption is not really open in Ireland currently. A same-sex couple can apply jointly to be assessed for adoption but there are very few countries open to same-sex couples. In theory they may be able to access international adoptions but it is not a practical possibility, apart from South Africa.

Donor-assisted human reproduction has advanced even since the Children and Family Relationships Act 2015 was enacted and we know from our consultations with families that people are accessing services abroad because there is more advanced technology abroad and options for people with fertility issues. Same-sex couples have fertility issues as well as needing donor assistance. Our main concern is that while the Children and Family Relationships Act 2015 is fantastic for the families it covers, many families have been left behind. The second pillar in regulating assisted human reproduction must consider such issues and try to address them. The children exist and they need to have their parents recognised.

Across pages 3 to 6 in the submission, we have covered what we see as a framework to do that. Basically, this relies on parents being able to establish consent with a donor or have a court process where they can show the child will have his or her right to identity protected. We see that this should absolutely be enshrined in the law but there should be ways, through regulations and a donor conception register, to have that information recorded.