Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 19:

In page 18, between lines 9 and 10, to insert the following:“Consent to use of embryo in DAHR procedure

14.(1) Where-

(a) an embryo is formed for the purposes of an assisted human reproduction procedure, and

(b) the woman and man on whose request the assisted human reproduction procedure is to be performed do not wish for the embryo to be used in such a procedure, the woman and man may consent, under this section, to the use of the embryo in a DAHR procedure.

(2) Subject to subsection (3), the woman and man referred to in subsection (1)may consent under this section to the use of the embryo in a DAHR procedure in respect of which neither of them is an intending parent.

(3) An embryo referred to in subsection (2)may be used in a DAHR procedure to which that subsection applies only where both the woman and the man concerned have consented under that subsection.

(4) A man to whom subsection (1)applies may consent under this section to the use of the embryo in a DAHR procedure in respect of which—

(a) the woman to whom subsection (1)applies is the intending mother, and

(b) he is not an intending parent.

(5) A person consents under this section to the use of an embryo in a DAHR procedure where he or she-—

(a) receives the information referred to in section 15, and

(b) makes a declaration in accordance with subsections (6)and (7).

(6) A declaration under subsection (5)(b)shall be made before the donation is made and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of a DAHR facility.

(7) A declaration under subsection (5)(b)shall include the following statements:

(a) that the person has received the information referred to in section 15;

(b) subject to subsection (8), that the person consents to the use in a DAHR procedure of the embryo;

(c) that the person is aware that he or she shall not be the parent of any child born as a result of the DAHR procedure;

(d) that, in the event that the embryo is used in a DAHR procedure, the person consents to the provision to the Minister of the information referred to in section 26(2)(a)in respect of him or her;

(e) that, in the event that a child is born as a result of a DAHR procedure, the person-—

(i) consents to the recording in the Register of the information specified in section 31(3)(d)in respect of him or her, and

(ii) understands that the child may, in accordance with section 33, access the information referred to in subparagraph (i), and seek to contact him or her.

(8) In making a statement referred to in subsection (7)(b), a person may state that his or her consent is restricted to the use of the embryo in a DAHR procedure performed on the request of-—

(a) an intending mother specified in the statement, where the DAHR procedure concerned is one to which section 23(3)(b)(i)applies, or

(b) the intending parents specified in the statement, where the DAHR procedure concerned is one to which section 23(3)(b)(ii)applies.

(9) A person’s consent under this section to the use of an embryo in a DAHR procedure may not be restricted other than as provided for in subsection (8).

(10) In this section, “assisted human reproduction procedure” means a procedure performed with the objective of it resulting in the implantation of an embryo in the womb of the woman on whose request the procedure is performed, where-—

(a) the embryo has been or will be formed from a gamete provided by the woman and a gamete provided by a man, and

(b) the procedure is performed for the purpose of the woman and the man becoming the parents of a child born as a result of the procedure.”.

I indicated my intention on Committee Stage to introduce this new section, which deals with embryo donation. It is separate and distinct from the existing section 14. That section deals with embryo donation only where the embryo in question was itself formed using donor gametes and where the person or couple from whom it was formed have completed their family and now wish to donate an embryo or embryos to assist others.

The proposed new section provides for the situation in which a couple has undertaken fertility treatment in the course of which embryos have been formed using their gametes. It ensures that if, having completed treatment, they wish to donate any remaining embryos, they may do so. Their donation must be in accordance with the same general conditions that apply where a donor embryo was formed using donor gametes. In particular, if there is a child born later as a result of their donation, their details will be recorded on the national donor-conceived person register in order that the child's identity rights will be safeguarded.

Amendment No. 20 is consequential on amendment No. 19. It specifies the information that must be provided to couples who donate embryos which were formed using their gametes. It is similar to the existing section 5 except that in this case the identities of both donors are recorded on the register because both contributed a gamete to the embryo's formation.

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