Seanad debates

Thursday, 26 March 2015

Children and Family Relationships Bill 2015: Committee Stage

 

10:30 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Amendments Nos. 13, 14 and 16 all refer to the use of embryos by intending parents. The principle behind these amendments is that, where an embryo has been formed for use by a couple and the couple subsequently decide not to use it as joint intending parents and if only one of those intending parents has a genetic connection to the embryo, the intending parent with the genetic connection shall not require the consent of the other person to use the embryo at some later stage. That has a lot of implications and there have been a number of court cases relating to whether it is feasible to allow a situation where both people give consent but one can unilaterally decide to withdraw consent.

This approach cuts across the consent provisions we have made which require very specifically that where an embryo is formed for the use of a couple both must consent to any onward donation, including directed donation. It sets the genetic connection above the detailed and careful, informed consents jointly made by the couple who must consent in the knowledge that both of them have an equal stake in this potential human being. I have designed the embryo donation provisions so that directed donations can be made. If the couple no longer wish to be joint parents a directed donation can allow one of them, regardless of genetic connection, to become a parent, so the circumstances envisaged by Senator Norris can be dealt with by this provision.

If I accepted the amendments we would be saying, on one hand, that genetic connection is not determinative as intention and informed consent are crucial aspects of the assignment of parentage but, on the other, in the case of later disagreement the genetic link trumps all of those relevant consents.

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