Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

I welcome any legislation that seeks to provide a framework for regulating surrogacy and addressing the gaps in the Children and Family Relationships Act 2015. It is good that the Bill will provide, for the first time in Ireland, regulation of this wide-ranging and technology-centred area of healthcare. Nevertheless, it is sad that the time spent waiting for this legislation to pass has no doubt seen many couples pass the age when they could have had a child via AHR. Almost none of the recommendations of the Government's special rapporteur on child protection have been included in the Bill, such as those relating to the pre-birth transfer of the parentage of a child born through AHR treatment or the ability of those under the age of 16 to access their birth information even through their parents, although it is good that those over the age of 16 will have that ability. Furthermore, there is nothing in the regulations regarding international surrogacy arrangements. It is a big issue that the legal recognition of children already born through AHR treatment is tied into the delicate issue of international surrogacy. They are very separate issues, with one much less complicated than the other, but we seem to be treating them the same and that is a big concern for me.

The current legislation governing the legal relationship that children born through AHR treatment can establish with their intended parent includes the Children and Family Relationships Act 2015 and the Adoption (Amendment) Act 2017. Some children born through AHR treatment procedures can establish legal parent-child relationships with their intended parents. Children born in Ireland using IUI, IVF or reciprocal IVF who were conceived in an Irish fertility clinic can be recognised as the legal child of their intended parents. The same cannot be said, however, for those born through surrogacy. I was happy to attend the inaugural meeting of the first Oireachtas Joint Committee on International Surrogacy today. There are so many issues we can talk about and, I hope, sort out in our important discussions as a surrogacy committee. The committee membership is really good and it is important we address all the issues that need to be addressed.

We have all seen the pictures emerging from Ukraine of babies who were born through surrogacy being cared for in shelters in the war-torn country because their legal citizenship is in question. Several couples who have had a child born through surrogacy in Ukraine had to be assisted by the Department of Foreign Affairs at the outset of the war because of the complications in the country. I have met families with experience of surrogacy who have told me of being forced to sit in a car while they waited for their child to receive treatment alone in the hospital, alone because they were not viewed as the legal guardian of their child who had been born through surrogacy. That does not serve the best interests of the child and the law here lets down such children. This is a big issue that has been raised me when I have met groups and it has to be addressed.

I regret that we have sidestepped this issue with this legislation, although I welcome the opportunity to tease out the issue in committee and I commit to working on the issue on behalf of the groups I represent. I welcome the changes that have been made to this legislation since the general scheme was published in 2017. It is welcome also that, for the purposes of the Bill, an adult is deemed to be anyone over the age of 16 and, therefore, as I mentioned earlier, surrogate and donor-assisted children will be able to access birth information. That issue of access is something I have spoken about in the context of many other types of legislation. I welcome also the removal of mandatory counselling for donors, but this was removed in order to enable donations from abroad. It gives me pause that we have not addressed international surrogacy in a similar way. We have removed only the language causing confusion about those who wish to seek legal advice about international surrogacy. This issue and others I have been reading about are ones for the committee to consider.

It is vital we develop a model of care for infertility to ensure the provision of safe, effective and accessible services through the public health system.

Fertility treatment is currently not available to public patients in Ireland although the tax relief for medical expenses scheme can be availed of. An attempt at IVF costs up to €5,000. Usually, there are many attempts. I have been speaking to parents who have come to me and they just cannot afford it. It is not one attempt. This is something that we need to address urgently.

In addition, there is the heartbreaking issue of a cancer diagnosis coupled with a man or woman seeking to have cancer treatment but also preserve his or her fertility. The issue becomes a larger one. Funding for the fertility preservation services for those with a diagnosis of cancer is currently €259,000. This has been in place since 2003 without increase, despite a growing demand for the service. If there is a real possibility of State funding for fertility treatment, which is important so that there is an equal chance for all families to try fertility solutions that suit their circumstances despite the odds, the provision of fertility preservation needs to be seen as part of these services.

For a female, up to the age of approximately 45, one of the first issues that will be thought about in the event of a diagnoses of cancer is future fertility, particularly for those who do not already have children. More and more women and men are surviving cancer and having their own biological child should not be denied to them if there is any way we can help. That needs to be another commitment from the committee. We need to make sure that we give everybody that chance. We must not continue to ignore the needs of society. Families cannot afford it.

This legislation could be so good but there are significant concerns. The biggest concern is money. Money is a major issue here.

Children born through fertility treatment or preservation are children who are wanted and loved long before they are born and will grow up to contribute to society.

To see this Bill progress, the Government's plan to introduce the provision of advanced assisted human reproduction, AHR, treatment, including IVF, in the public health system, specifically through the final phase of the roll-out of the model of care for infertility is really good news for me. I raised this issue when I was a Senator and have been passionate about it ever since.

Timing is crucial. We need to do what we can and get it done as quick as we can with everybody working together to make sure nobody is left behind.

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