Written answers
Wednesday, 9 April 2014
Department of Justice and Equality
Assisted Human Reproduction Issues
Terence Flanagan (Dublin North East, Independent)
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129. To ask the Minister for Justice and Equality his views on anonymous egg and sperm donation; his further views on whether donor conceived children have a right to a relationship during childhood with their natural parents; and if he will make a statement on the matter. [16905/14]
Alan Shatter (Dublin South, Fine Gael)
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My proposals, contained in the General Scheme of a Children and Family Relationships Bill, are that donation of gametes does not confer parentage on the donor. The draft legislation sets out clear rules for the assignment of parentage where children are born through assisted reproduction methods using donor gametes. The broader bioethical questions concerning gamete donation are a matter for the Minister for Health. The Minister for Health is examining proposals to regulate assisted human reproduction and related matters. He will make a decision on these matters in due course in the context of ongoing legislative priorities.
Terence Flanagan (Dublin North East, Independent)
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130. To ask the Minister for Justice and Equality his views on surrogacy (details supplied); and if he will make a statement on the matter. [16908/14]
Alan Shatter (Dublin South, Fine Gael)
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My recently published General Scheme of a Children and Family Relationships Bill makes express provision for the assignment of parentage in cases of surrogacy. The draft legislation will allow commissioning parents to apply for court orders assigning parentage to them, in cases of altruistic surrogacy. A surrogacy arrangement is not enforceable and the consent of the birth mother to the transfer of parentage is essential. The position as set out in my proposals - currently under discussion at the Joint Oireachtas Committee on Justice, Defence and Equality - is that the birth mother will always be considered the mother of the child unless either the child is adopted, or, where a surrogacy agreement is in place before the child's conception, she agrees to the transfer of parentage to the commissioning parents.
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