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Question

287. Deputy Brendan Griffin asked the Minister for Justice and Equality his views on a matter (details supplied) regarding children's legal rights; and if she will make a statement on the matter. [3327/15]

Answer

Minister for Justice and Equality (Deputy Frances Fitzgerald): I refer to my responses to Parliamentary Questions Nos. 352 of 16 December 2014 and 1,355 of 14 January 2015. As I indicated in those responses, 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.