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

This amendment would remove the requirement for a donor-assisted human reproduction procedure to be carried out only by a registered medical practitioner or a registered nurse. The aim appears to be that the parentage of a child born through a non-clinical procedure such as self-insemination would be recognised under the provisions of the Bill. As I have explained, the provisions of the Bill have been carefully designed to allow the assignment of parentage in limited and specified circumstances. A requirement that the treatment take place in a clinical context is an important element of the safeguards included. If wider provision were made for the assignment of parentage, other than on the basis of genetic connection, this could have significant consequences for the position of natural fathers.

There are several difficulties with the proposal, even if consents can be taken in broadly the same way as is envisaged in sections 6, 9 and 11 of the Bill. In particular, it would not be possible to have independent verification that the child was born through a donor-assisted human reproduction procedure and it would, therefore, not be possible to provide the necessary certificate under section 27(5). That certificate is essential to enable a couple to jointly register as the parents of a donor-conceived child. There would also be a significant difficulty in ensuring the safeguards allowing revocation of consent by a donor could be properly implemented.

Earlier I mentioned the case law on the position of a donor in cases of self-insemination was to be found in the Supreme Court judgment in the case of McD v. L. It found that the man concerned was in law the child's father and had the same statutory rights to seek guardianship, custody and access as another non-marital father. The Bill does not attempt to regulate or ban self-insemination; it simply does not allow parentage to be assigned, as set out in section 5. However, where all of the adults involved are in agreement and it is in the best interests of the child concerned, there are options available which would allow a "non-biological parent" to secure a legal relationship with the child. That person could apply for guardianship of the child under section 6C of the Guardianship of Infants Act 1964, as inserted by section 45 of the Bill, leaving the parental status of the natural father unaffected. Alternatively, as I stated, the mother and her partner could jointly adopt the child under the Adoption Act 2010, as it is proposed to be amended by the Bill. In short, they will have a route to parentage which does not run the risk of undermining the position of natural fathers in these circumstances.

For all of these reasons, I cannot support the amendment.