Seanad debates

Thursday, 26 March 2015

Children and Family Relationships Bill 2015: Committee Stage

 

10:30 am

Photo of Averil PowerAveril Power (Fianna Fail) | Oireachtas source

I raise an issue I have written to the Minister about previously. I am concerned about the fact that the Bill does nothing to assist those born prior to the legislation with known donor sperm or those conceived outside the State in foreign clinics when the procedure has been carried out outside the State. I wrote to the Minister about the concern but I have not yet received a response. I am not sure whether the issues flagged previously need to be addressed. I intend to table an amendment on Report Stage. It is a major oversight that there is not provision for the courts to decide in such scenarios. My reading of the Bill and the advice I have received is that, in those scenarios, a court will not be able to assign parentage. Parents will be able to apply for adoption or other routes and I appreciate that is an alternative but it seems bizarre that, in a situation where there is agreement and where all concerned are agreed on parentage, and where there is a known donor but the known donor is prepared to give consent under a similar procedure to what is provided for in the future, the court does not have the facility to assign parentage. That is a major gap and leaves a huge number of those born prior to the legislation in a lacuna. I would like to get the response of the Minister to this point. Unless the Minister can reassure me on this point, I will table an amendment on Report Stage.

Comments

No comments

Log in or join to post a public comment.