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Question

449. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality in view of the Child and Family Rights Bill if she will return to the original definition of assisted reproduction, as otherwise certain children will be excluded; and if she will make a statement on the matter. [1355/15]

Answer

Minister for Justice and Equality (Deputy Frances Fitzgerald): I refer to my response to Parliamentary Question no. 352 of 16 December 2014. As I indicated in that response, the reason that the General Scheme requires the assisted reproduction treatment to be carried out in a clinical setting is because there is very clear case-law on the situation of a donor father where the treatment takes place outside a clinical setting to the effect that he has all the rights of a father to apply for guardianship and access. The requirement for the treatment to be carried out in a clinical setting will enable the respective rights of a child, a birth mother, a father or second female parent and any donor to be safeguarded as clear procedures can be put in place regarding the consent of the parties to the treatment.
As I also pointed out in that response, there are other provisions in the General Scheme which would enable a couple who have had a child through non-clinical assisted reproduction both to have a legal relationship with the child.