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Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: Time.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: Time.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: To be clear, I am stating that we need a legally robust version of what the Deputy is attempting to do. The limited exemptions we are putting in place are legally robust because they are limited. Let us play it out. We could do it the Deputy's way. We could say we will take some time and bring this into the Seanad on Committee Stage. We will give it a few weeks. That is what it will...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: They will have numerous conflicting pressures, and this could take a long time. I am stating clearly that I am not willing to take that risk. I commit to having this Bill passed for the children and parents who are desperately waiting for it. If that means also having amending legislation going in parallel immediately after we come back in September, that is absolutely what I am proposing....

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 47: In page 78, to delete lines 16 and 17 and substitute the following: “(a) the law of the jurisdiction relating to surrogacy, including whether or not that law— (i) permits a commercial surrogacy referred to in section 93, and (ii) requires intending parents or one of them (or, in the case of a single intending parent, that intending parent)...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 48: In page 80, to delete line 35 and substitute “specified in section 107(2);”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 49: In page 81, line 13, after “satisfied” to insert “, based on the information available to the AHRRA,”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 50: In page 83, line 5, to delete “subject to the provisions of the Assisted Decision-Making (Capacity) Act 2015,”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 42: In page 67, line 28, to delete “(8)” and substitute “(7)”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 43: In page 67, line 36, after “parents” to insert “or one of them”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 44: In page 68, line 26, to delete “(2) and (5) ” and substitute “ (2) to (5)”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 45: In page 69, to delete lines 1 to 4 and substitute the following: “(2) (a) The court may waive a requirement under subsection (1) for consent from an intending parent, in the case of two intending parents, if he or she— (i) is deceased, (ii) cannot be located after reasonable efforts have been made to find him or her, or (iii) lacks the...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 37: In page 61, line 12, to delete “pregnancy” and substitute “clinical pregnancy”. This grouping of four amendments relate to the addition of a definition of "clinical pregnancy" in the context of eligibility requirements of a perspective surrogate mother. The change is proposed on foot of Committee Stage amendments from Deputies...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 38: In page 61, between lines 12 and 13, to insert the following: “(b) In paragraph (a) - “clinical pregnancy” means a pregnancy not less than six weeks in gestation and in respect of which there is evidence of a gestational sac having been identified through an ultrasound scan;”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 39: In page 61, line 13, to delete “(b) In paragraph (a),”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 40: In page 63, line 31, after “any” to insert “net”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: The two amendments seek to remove the provision in the current text of the Bill that would allow for a surrogate mother to consent to a child born as a result of surrogacy to live with the intending parents. We had a long debate about this on Committee Stage and we have given it serious consideration. However, the provision in the Bill is an important one, taken in conjunction with the...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: Thinking that it may be something that should be looked at in three years is simply to keep an open mind in the same way that we have numerous amendments on Report Stage that came out of amendments tabled by Deputies Cullinane, Shortall and others and the Committee Stage debate. I am trying to do this in a collaborative approach. That is the only reason I am referencing that any of these...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: That is exactly it. We are setting up a system whereby people have a pre-agreement from the authority that sets out the criteria in law that people must meet. Having met those criteria and coming back, this amendment does not come into play because the court will say that a person has met all the criteria. Remember, the best interests of the child are already in the Bill. The only time...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Stephen Donnelly: I move amendment No. 33: In page 58, to delete lines 16 to 21 and substitute the following: “(3) Without prejudice to the generality of section 151, the specified form of a surrogacy agreement shall require, in the case of two intending parents, each of them to indicate that he or she understands that, should the agreement be approved under this section but he or she dies...

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