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

In cases of assisted human reproduction, where the use of donor gametes is required, some individuals and couples prefer to use gametes donated by a family member, rather than from an unknown third-party donor, that is, a stranger. This is known as intra-familial gamete donation. An example of this would be where a woman donates an egg to her sister to use as part of her AHR treatment - and we saw such a case in the courts recently - with her spouse or partner whose sperm would be used to create an embryo.

According to the European Society for Human Reproduction and Embryology, while such intra-familial gamete donation does occur, the evidence suggests that it is relatively rare. In discussion with the Institute of Obstetricians and Gynaecologists they stated that there are fewer than ten cases of intra-familial gamete donation in Ireland per year. There are about ten such cases per year in Ireland.

There are different types of intra-familial gamete donation. The type of donation can be intra-generational, inter-generational or intra-familial, and there are issues of consanguinity to be considered. It would be nonsensical to suggest that clinics will provide fertility treatment using clearly consanguineous gametes. It would be a complete breach of all relevant medical ethics and duty of care. There is no question of that.

The effect of this amendment would be to prevent, for example, sister-to-sister or cousin-to-cousin donations. This is a complex ethical area and nobody would deny that for a moment. There are issues in terms of this type of donation and there is no question but that it is a complex ethical area. A small amount takes place in Ireland and is subject to clinical assessment counselling. This is not to allow children to be created whose genetic parents are close relatives. As I have already said, medical ethics would ensure that no clinician would do this, in the interests of the child to be born.

It is, however, a way for an intending parent who cannot provide gametes to have a genetic connection with his or her child. That is why people do it. There are a number of reasons why individuals would prefer to use familial donation, in the broadest sense of that word, rather than a stranger's donation. There are a couple of other reasons. One would also have to carefully examine a range of points on this matter. As with kidney donation - I am not saying it is the same, so do not get me wrong - one would have to address certain issues, including, for example, the degree of pressure that might be brought to bear on somebody within a family, undue influence on donors, the importance of counselling for all parties involved and the importance of disclosure. There is, therefore, a whole range of issues to be considered. That is properly part of AHR legislation and the Department of Health is the right place for such issues to be considered.

Department of Justice and Equality legislation is not the place to deal with those issues. That is part of what will be considered in the broader legislation. In the meantime, we have had the recent Supreme Court case reaffirming what had previously been the law - that the mother who gives birth is the mother, as opposed to the person who made the donation. This is a matter for broader AHR legislation, as opposed to being dealt with in this legislation, where we are dealing specifically with issues around the assignment of parentage, examining consents and moving from anonymous to identifiable donations.