Results 6,541-6,560 of 49,836 for speaker:Stephen Donnelly

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

Stephen Donnelly: I agree entirely. This goes to the heart of the legislation because the parental order removes a constitutional parental right. It is very serious legislation. The point Deputy Shortall is making goes to the heart of this. The answer to the question in the Bill is very clear; it is that the birth mother is the legal parent until the parental order. This is the position under the Bill.

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: We can get a very detailed legal note. The advice we have is that that is the situation under law.

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

Stephen Donnelly: We will get Deputy Shortall a detailed note on it. From day one, that has been the legal advice we have had. We can get Deputy Shortall a detailed note.

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: We will get a detailed note on it and share it with the committee.

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

Stephen Donnelly: I will go back to Mr. McGennis.

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

Stephen Donnelly: The transfer should be made as soon as possible, within a maximum of 28 days, which goes to the questions raised around the capacity of the courts to be available to do that. In terms of the process, I will ask Mr. McGennis to walk the committee through the process envisioned in the Bill.

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”.