Alice-Mary Higgins (Independent) | Oireachtas source

Yes. This is a very difficult subject and I am conscious that many decisions are being made in a void. People have been trying to build their families in different ways and doing so in the absence of a legal framework. That makes it difficult when we then try to introduce a framework or regulatory structure. It is very important to look at the rights of the children who now exist to ensure they have parentage rights and the right to a relationship with their siblings and so forth. At the same time, I understand that, at an international level, this is an area that has been unregulated for a long time. There are serious issues to be addressed in terms of how the sector functions. I know that many of the issues will be dealt with in the context of the assisted human reproduction legislation, but the fact that they are emerging is a sign of people's frustration and concerns. We must address all of these pragmatic issues for families now, for those who have children and rights under the Constitution. We must determine how we can support them. That is one part of the issue, but there are others on a changing landscape. An amendment accepted by the Minister for Children and Youth Affairs, Deputy Zappone, two years ago took effect this week. It concerns open adoption. It recognises that there may be situations where openness about children having both a birth family and an adopted family is better. That is something that was off the table in Ireland for a very long time. The system was closed.

I refer, in particular, to one of the amendments tabled by Senator Norris, as well as to one or two of the others because I am concerned about international exploitation and believe we must tackle that issue. I strongly support the concept of the known donor. We are beginning to accept the concept of open adoption and recognise that children can understand complex relationships as long as there is honesty and they receive support. Children understand that even though they may have an adopted family, they still have a birth family, with whom they can have a relationship. Similarly, children can understand the concept of having parents and also a donor who is known to them. It would be a real pity if those genuine, relationship based situations, as described, were to be inadvertently excluded from this recognition. Amendment No. 5 deals with this issue and it is one we must address. In doing so it would be in step with what we are doing in the area of adoption, or rather what we are considering doing in the area of adoption.