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Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I might reverse that slightly, if I may. Our entire society is premised on the fact that the birth mother is the mother of the child to whom she gives birth. What is causing the Deputy to question it in this case? Is it because there may be no genetic link to the mother?

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: The very clear legal advice we have is that the constitutional presumption of being the mother of the child to which a woman gives birth, which we all accept, because our entire society is built-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: Mothers who give birth to children are recognised under law as the mothers of those children. That is-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: We are not contesting the broad point that mothers are the mothers of the children to whom they give birth, are we?

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: Okay.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I accept that.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I accept that. I am talking about the broad point and putting aside genetic links for a moment. We all accept the legal underpinning-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: Just to be clear, and as the Deputy is aware, we cannot provide the actual advice from the Attorney General, but we will get her detailed legal advice.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: Yes.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: That is no problem.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: Of course.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 130: In page 58, line 7, after “pregnancy” to insert “the subject of the surrogacy agreement concerned”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 131: In page 58, to delete lines 8 to 22 and substitute the following: “(7) Without prejudice to the generality of section 63(4) and (5), the AHRRA and the Attorney General shall be served with a copy of the section 62 application.”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 132: In page 58, line 35, to delete “section 62(1)(b)” and substitute “section 62(1)(b)(i)”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 133: In page 59, between lines 4 and 5, to insert the following: “(3) In determining, under subsection (1)(a)(v), what is in the best interests of the child, the court shall have regard to all the circumstances that it considers relevant to the child who is the subject of the section 62 application concerned, including— (a) the child’s age and...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: May I revert to the Deputy?

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 134: In page 59, between lines 5 and 6, to insert the following: “(4) At any time on or after the court receives a section 62 application and a relevant authority is not already a party to the proceedings, the court may, at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 135: In page 59, to delete lines 10 and 11 and substitute the following: “(b) subject to paragraph (e), the child is no longer the child of any person other than a person named as a parent in the order,”. These amendments, in combination, seek to confirm that, where a parental order is granted, any person who is not named on the order is not a parent...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 136: In page 59, line 14, to delete “and”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 137: In page 59, line 16, to delete “child.” and substitute “child, and”.

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