Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I move amendment No. 42:

In page 29, after line 38, to insert the following:

“(9) A transition period of 12 months, from the date of enactment, will be allowed for cases where patients have already selected or paid for anonymous sperm donors or have the donation currently in storage in Irish clinics awaiting use in treatment, to complete their treatment cycles.

(10) A transition period of 12 months, from the date of enactment, will be allowed for cases where individuals have already initiated the process of anonymous egg donation, to complete their treatment cycles.

(11) A transition period will be allowed for cases of treatment resulting in a sibling child from an anonymous donor for a period of 3 years from the birth of the first child or 3 years from the date of enactment, whichever of the two is longer.”.

The thrust of this amendment is that on page 29, the following text will be inserted after line 38: "A transition period of 12 months, from the date of enactment, will be allowed for cases where patients have already selected or paid for anonymous sperm donors or have the donation currently in storage in Irish clinics awaiting use in treatment, to complete their treatment cycles." The rationale is that Sinn Féin has been contacted by some of those working in donor-assisted human reproduction, DAHR, clinics who still have what appear to be valid concerns on this issue. They are concerned that current patients will be punished retrospectively by sections of the Bill. The first group consists of patients with anonymous sperm donors selected, paid for and currently in storage in Irish clinics awaiting use in the treatment. They are inquiring whether there should be some consideration for these patients to enable them to complete their treatment cycles as otherwise, I understand that approximately 600 to 700 patients across Ireland will be prevented from completing their initiated treatment. A possible solution might be that initiation of new anonymous treatment cycles could be precluded from the date of enactment. The transition period of 12 months from the date of enactment in order to allow these patients to complete their treatment cycles could also possibly be allowed.

The second group of people about whom this amendment is concerned consists of those patients entering into anonymous egg donation within the past six months but where their embryos have not yet been created. It must be remembered that the egg donation process is not an immediate process from initiation to completion but can take up to six months and sometimes longer due to the fact that following donor selection, for medical or social reasons the donor may not be ready to start the process immediately. It is my understanding that numerous patients have initiated donor egg treatment cycles but the creation of the embryos is outstanding. By enacting this new legislation, it is this group of patients, who are several months into the process of egg donation, who could be precluded from completing their treatment. Again, a possible solution to this might be the initiation of new, anonymous treatment cycles, which could be precluded from the date of enactment. However, a transition period of 12 months from the date of enactment to allow these patients to complete their treatment cycles would be a reasonable concession.

As for the final subsection provided for in this amendment, the rationale is there has been one further area in which concerns have been raised by certain clinicians in respect of sibling treatment. The legislation allows for treatment resulted in a sibling child from an anonymous donor for a period of three years from enactment. However, if the patient has recently or is about to become pregnant, she will have a very small window of opportunity to have an attempt at a second child. Might it not be more reasonable to allow for three years from the birth of the first child or three years from the date of enactment, whichever of the two was longer? This could allow patients a longer timeframe in which to make an attempt at a second child up to approximately three and a half years between births, rather than being obliged to make the decision either to have two children within a three-year window or to not have a sibling child at all.