Ms Paula Fagan:

What we are proposing in terms of the families who are not covered by the provisions in the Children and Family Relationships Act falls under the first three recommendations we make in our submission. First, where a child is conceived through non-clinical donor assisted human reproduction, procedures should be in place to recognise a second parent as a legal parent. That is one aspect. Second, we have spoken about a retrospective application for a declaration of parentage in cases of DAHR under section 20 of the Act. We believe that should be possible where a known donor was used so that those families are not left behind. Third, we must ensure that the second intended parent is recognised as a legal parent in cases where she provides an egg to enable the conception of the child. Reciprocal IVF is a way of conceiving that has emerged relatively recently. It is where one partner in a female couple donates an egg to the other so that they have a genetic link, which is what we have been calling for.

What we are saying is that an amendment could be made to the assisted human reproduction Bill. The Children and Family Relationships Act does not allow for recognition because the donor has to be non-identifiable or traceable. In any case, the wording does not allow for it. We are suggesting a small amendment to provide for recognition where the donor of the gamete or embryo is the spouse of a partner or cohabitant of the mother. That would be similar to other jurisdictions that have allowed for that because they understand that reciprocal IVF is a reality for people and it should not bar one or other of female couple from donating if it makes sense to do so.

The Government should also consider the possibility of recognising donor assisted human reproduction conducted abroad after Parts 2 and 3 of the Children and Family Relationships Act have been commenced. Similar to what Dr. Bracken spoke about, looking at areas that have good practice where couples will go, it is a very costly procedure. The technology and services are not as advanced in Ireland so people will continue to access services abroad. We propose legislating around that.