Ivana Bacik (Dublin Bay South, Labour)
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662. To ask the Minister for Health the reasons why the aims of the Children and Family Relationships Act 2015, including the right to identity of donor-conceived children, cannot be achieved by facilitating the signing of the relevant consent forms, the signing of a statutory declaration confirming compliance with the requirements established by S.I. No. 158/2006, the recording of the relevant information on the donor conceived persons register and the obtaining of the relevant counselling outside of a DAHR Facility, and with the assistance of legal counsel; whether, if the Children and Family Relationships (Amendment) Bill 2023 included a requirement for the donor to sign a statutory declaration confirming compliance with the 2006 Regulations, he would accept that the oversight of a DAHR facility was not required to ensure compliance with the 2006 Regulations; if there is no alternative means of achieving the aims of the 2015 Act; and if he will make a statement on the matter. [41385/24]

Ivana Bacik (Dublin Bay South, Labour)
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663. To ask the Minister for Health if he considers that, because there may be a genetic condition, it is reasonable and proportionate to deny a child the need to have their parentage legally recognised, notwithstanding the fact that not all genetic conditions are tested and it is not possible to oblige someone to disclose a genetic condition; and if he will make a statement on the matter. [41386/24]

Stephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 662 and 663 together.

The Children and Family Relationships Act 2015, which commenced in May 2020, protects the right to identity of donor conceived children and provides legal certainty as regards their parentage. The approach as set out in the Act further ensures the safety of donor assisted human reproduction, or DAHR, procedures, while also providing important protections for donors.

Under the Act, all DAHR procedures must be carried out in a DAHR facility, who are prohibited under the 2015 Act from using anonymous donor gametes. In addition to protecting the right to identity of donor conceived children and providing for certainty as regards parentage, this approach ensures the safety of procedures.

DAHR facilities must comply with the requirements established by S.I. No. 158/2006 – European Communities (Quality and Safety of Human Tissues and Cells) Regulations 2006, and all donated gametes used in DAHR procedures must be screened to ensure they meet the safety standards of the 2006 Regulation. The 2006 Regulation further places a number of other obligations on DAHR facilities, which ensure the clinical safety of DAHR procedures.

Regarding the parentage of donor conceived children, the Act requires that intending parents and donors must sign Statutory Instruments, providing consent to parentage and the inclusion of their information on the National Donor Conceived Person Register, in advance of a DAHR procedure taking place. The legislation allows for consent to be withdrawn by any party at different stages up to the DAHR procedure taking place.

The right to identity of each donor conceived child is protected by the inclusion of information on their genetic heritage on the National Donor Conceived Persons Register. The Act places a legal requirement on DAHR facilities to report details of each DAHR procedures and resulting live births, including the relevant details of the intending parents and donor, which can be accessed by the donor conceived child when they turn 18. This age is to be lowered to 16 under the Health (Assisted Human Reproduction) Act 2024.

The approach as set out in the Children and Family Relationships Act 2015 ensures a high level of protection and certainty for donor conceived children, based on the involvement of DAHR facilities.

The Health (Assisted Human Reproduction) Act 2024 contains additional safeguards in respect of DAHR procedures which are similarly based on the involvement and regulation of DAHR facilities in donor assisted human reproduction, including, for example, limitations on the number of times that gametes from the same donor can be used.

It is therefore my view that the required level of protection for donor conceived children, including with respect to their right to identity, certainty as regards parentage, and safety of DAHR procedures, can only be achieved by ensuring that DAHR procedures continue to take place in DAHR facilities, as per the approach in the Children and Family Relationships Act 2015.