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Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I thank the Deputies very much. I will come to some of the substance now but on a procedural note, we have moved into a discussion on surrogacy. My understanding was that we were going to try to do the assisted human reproduction bits in this session and then move to surrogacy in the next session. These are many of the pressing questions, however. I suggest that I give some short answers...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Yes, and the surrogacy parts are later in the Bill.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: That is fair. The way we had intended to deal with it was section by section, so I accept that. Some of the issues that-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: The substance of these questions is dealt with later on if colleagues are happy enough.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Okay. Some of the issues that have just been raised-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I beg your pardon.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: It is not, no. Some of the issues raised include the status and rights of the birth mother, the status and rights of the intending parents, the entitlements of the intending parents, maternity leave, maternity pay, etc. Also, I do not think colleagues raised it, but it works in the opposite direction as well. What if we have a surrogate and intending parents, and some way through the...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Yes. The length of the interim period and so forth. To give some brief answer to some of the questions, the current status and proposals-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: And a meeting.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: They all will.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Yes.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Yes, both in terms of assisted human reproduction or donor assisted and surrogacy. For example, let us say a woman is pregnant through IVF in New York and goes into labour New York. The birth is recorded in New York and not Ireland and the birth certificate is issued in New York. Therefore, yes, it covers domestic and international surrogacy and domestic and international birth through...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I will give the Deputy an example. It is of a couple who live in Kerry who go to France for donor-assisted IVF treatment, the sperm comes from Holland and they are on holidays in Morocco when she goes into labour.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Right.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: That is right. We have had to think through all of these scenarios as a committee. That is why this Bill has taken so long. In response to Deputy Shortall's point, insofar as we can, we have to anticipate all of this and legislate for it. It is complex. The point has been made to me that some of this is being addressed through the Children and Family Relationships Act as well, hence some...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Yes, if colleagues are agreeable. Several issues have been raised. We will arrange a briefing in the Department. In some cases, we will ask a bioethics expert and, in others, a legal expert. In some cases, it will be my officials; in others, it will be officials from the Department of Justice. We will bring all the relevant expertise around the table.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Yes, it is being followed up. The Deputy raised that point. Maternity benefit is a matter for the Department of Social Protection and officials will engage with that Department.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Child benefit is easier, but issues relating to maternity benefit, parental leave and maternity leave must all be considered. There is a position. I could give Members a brief answer now or we can wait until the briefing and then get into it when dealing with the surrogacy parts of the Bill.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Okay, we will wait for the briefing.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I move amendment No. 42: In page 24, to delete lines 19 to 23 and substitute the following: “(b) the provider is satisfied that, in all the circumstances of the case— (i) such treatment is necessary to— (I) enable pregnancy or birth or both, (II) enable fertility preservation, or (III) avoid, in accordance with the provisions of Part 6, serious disability or...

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