Tuesday, 9 October 2018

Ceisteanna (238)

Louise O'Reilly

Ceist:

238. Deputy Louise O'Reilly asked the Minister for Health if zygotes stored in Irish or international clinics that are formed prior to the full commencement of the Children and Family Relationships Act 2015 but are still yet to be implanted will be covered in order that both the biological mother and their spouse will be recognised as legal parents; if not, his plans to include such scenarios in the assisted human reproduction Bill; and if he will make a statement on the matter. [40700/18]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Health)

After commencement of Parts 2 & 3 of the Children and Family Relationships Act 2015 the provisions of the Act are confined to procedures carried out in the State and where the child is born in the State. Transitional provisions relating to the use of embryos created prior to the commencement of Parts 2 & 3 of the Act are provided for in sub-section 26 (6) and sub-section 26 (8) of the Act. Sub-section 26 (8) allows for the use of an embryo in a donor-assisted human reproduction procedure that was formed before the date on which Part 3 of the Act comes into operation, subject to certain conditions. These conditions are that: the embryo was formed for the purpose of the donor-assisted human reproduction procedure; the donor of the gamete, used in the formation of the embryo, consented to the use of the gamete in a donor-assisted human reproduction procedure; and that each person who, at the time of the formation of the embryo, was an intending parent, has consented under section 9 or section 11 of the Act to be the parent of any child born as a result of the procedure in accordance with section 5 of the Act.

However, the transitional provisions only apply to a donor-assisted human reproduction procedure where the procedure is carried out in the State and where the child is born in the State.