Oireachtas Joint and Select Committees

Wednesday, 19 December 2018

Joint Oireachtas Committee on Health

General Scheme of Assisted Human Reproduction Bill 2017: Discussion (Resumed)

9:00 am

Professor Deirdre Madden:

The matter of same-sex marriage has been catered for in the draft Bill in that there should be no discrimination in access to treatment between a heterosexual or same-sex couple. Therefore, there is no need to revisit that issue in terms of making the legislation compatible with same-sex marriage.

On the surrogacy legislation I already mentioned, I do not believe that it is necessary to have separate legislation on surrogacy. I would rather see it in the same framework as other forms of assisted reproduction. It is different in some respects but, in most cases and as this Bill envisages, it would be done by use of IVF because the surrogate mother is required not to use her own eggs and therefore it must be done by embryo transfer. That IVF transfer will be permitted to be done only through IVF clinics which it is proposed to regulate through this Bill. It makes more sense for it all to be done to ensure adherence to best international standards, best practice and so on, and subject to the supervision of the proposed regulatory authority. The part on surrogacy needs to be revisited. I have said many times that it is crucial that we get that right. I do not imagine that floods of people will avail of surrogacy. This is a small country and hundreds of thousands will not avail of surrogacy. I believe that, currently in Ireland, between 50 and 100 couples have gone through surrogacy internationally and are trying to regularise their relationships with their children. I may be incorrect about this figure as I am not in practice as a solicitor and that information might be available from family law practitioners.

The screening and health issues of surrogate mothers, intended parents and every adult involved in this process is necessary. That is where the oversight of a regulator and the drafting of a code of practice and best standards will come into place. That is how it is linked to a licence given to a clinic and it is ensured that they adhere to best practice and standards. I think I have answered all the points.