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

Róisín Shortall: I just want to raise a couple of points under this. The LGBT+ parenting alliance has made three proposals in relation to this section. I would like to hear the Minister's views on them. The first is that the surrogate would not be automatically assigned legal recognition as the mother.

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

Róisín Shortall: This is on section 14. Some general points have been made by the LGBT+ parenting alliance. The surrogate is not automatically assigned legal recognition as the mother but she would have an objection period prior to the birth. We discussed this at the briefing last week, namely, the status during the period between the child being born and the parental order being made. I asked the...

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

Róisín Shortall: I am sorry, Minister. On a point of order, I thought we were required to go through the Bill section by section.

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

Róisín Shortall: Yes, but section 14 addresses some of that. I am raising this question under section 14.

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

Róisín Shortall: They are not entirely separate.

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

Róisín Shortall: I am sorry, Minister. We cannot agree to section 14 unless we tease out some of these questions.

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

Róisín Shortall: It is not that cut and dried, really.

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

Róisín Shortall: It is not cut and dried.

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

Róisín Shortall: Passports.

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

Róisín Shortall: What about child benefit?

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

Róisín Shortall: Is that payable?

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

Róisín Shortall: I move amendment No. 1 to amendment No. 44: In subsection (2), to delete “unless the provider is satisfied that the relevant person, and each other relevant person, does not” and substitute “if the provider is aware that the relevant person, and each other relevant person, would”. This amendment was proposed by AHR professionals. They have probably been in...

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

Róisín Shortall: I do not think a clarifying note will do it because there is a potentially very significant liability being placed on the providers to state that they are "satisfied" there is no reason intending parents should not be able to proceed. Medical professionals have no way of establishing that. On what basis do they say they are satisfied? A lot of the groups would have no difficulty with Garda...

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

Róisín Shortall: I accept that, yes.

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

Róisín Shortall: My concern about that is if a case ends up in court, it is the legislation that will be quoted rather than the regulations.

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

Róisín Shortall: They may also be referred to but the core interpretation will be in relation to what is set down in the primary legislation.

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

Róisín Shortall: That seems to put a very considerable onus on the provider. The Minister can examine this. There may be some potential for tapping into child protection legislation and using some definition from that.

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

Róisín Shortall: I move amendment No. 45: In page 24, to delete lines 25 to 29 and substitute the following: “16. (1) An AHR treatment provider shall not provide AHR treatment to a relevant person if the provider is aware that the relevant person, and each other relevant person, would present a potential significant risk of harm or neglect to- (a) any child that may be born as a result of such...

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

Róisín Shortall: Yes.

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

Róisín Shortall: I move amendment No. 57: In page 32, line 29, after “sperm” to insert “or her egg”. This provides for donor gametes to be used after a donor dies as long as he or she has consented. When we discuss that, there seems to be a lack of equality between males and females, particularly in circumstances where the donor is deceased and consent has been given to use...

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