Ivana Bacik (Dublin Bay South, Labour)
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859. To ask the Minister for Health if he plans to extend the three-year deadline under section 26(5) of the Child and Family Relationships Act 2015, for use of anonymous gametes in existence prior to the commencement of the Act to five years in line with the conventional period of storage of gametes and embryos within fertility clinics in Ireland; and if he will make a statement on the matter. [7362/23]

Stephen Donnelly (Wicklow, Fianna Fail)
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The Children and Family Relationships Act 2015 commenced on 4^thMay 2020. The principal function of the 2015 Act, as it relates to the use of gametes and embryos in Donor Assisted Human Reproduction (DAHR) procedures, is to protect the rights of donor-conceived persons to know their genetic identity in future years.

To this end, Section 26 (1) of the 2015 Act prohibits the use of anonymous gametes in a DAHR procedure performed in a DAHR facility in the State in most circumstances.

Section 26 of the 2015 Act does, however, establish limited exceptions to the general prohibition on the use of anonymous gametes in DAHR procedures.

Under Section 26 (5) of the Act, intending parent(s) can use anonymous gametes in a DAHR procedure for a period of three years from commencement of the 2015 Act (up to 4th May 2023). This is providing the anonymous gametes were in storage in the DAHR facility in the State prior to commencement of the 2015 Act and the intending parent(s) are the parent(s) of a child born as a result of a DAHR procedure performed before commencement, where the gamete used in that procedure was provided by the same anonymous donor.

Given the recognised importance of ensuring that donor-conceived persons can access information as regards their genetic origins, this exception to the general prohibition on the use of anonymous gametes has been limited to a period of three years after commencement.

The period between the enactment and commencement of the 2015 Act, coupled with the three year transitional period provided for in the Act, has further assisted in providing a reasonable timeframe to intending parents for the use of anonymous gametes in these circumstances of approximately eight years.

You may also wish to note that the Department had previously advised the DAHR facilities operating in the State to communicate with their clients who may be impacted by the conclusion of the three year transitional period as necessary and in early course to ensure that they have been fully informed of and are aware of the legislation and the associated requirements.