Assisted Human Reproduction to be dealt with in separate Bill
The 'General Scheme of a Children and Family Relationships Bill 2014', as published originally, was intended to cover also assisted human reproduction. Arising out of the Supreme Court judgement on Friday, November 7, 2014, on the Government's appeal against the ruling of Mr Justice Henry Abbott in the High Court recognizing the genetic mother as the legal mother, where a sister of hers acted as surrogate mother, Minister for Health and Children, Leo Varadkar, promised to present a memorandum to Government before the end of 2014, on an Assisted Human Reproduction Bill. Such a Bill, or General Scheme of same, hasn't been published yet.
- The definition of ‘parent’ ignores the fact that the Family according to Article 41.1.1° of the Constitution of Ireland has ‘inalienable and imprescriptible rights, antecedent and superior to all positive law’; and ignores the definition of ‘family’ given by Mrs Justice Susan Denham in McD. –v- L & anor (2009), point 62, where she says ‘Therefore arising from the Terms of the Constitution, “family” means a family based on marriage of a man and a woman.’ The Bill implies that biological parents could transfer such rights to commissioning parents in cases of surrogacy. [Part 1, Head 2: Interpretation (1)]
- This Bill would discriminate between the biological father and the biological mother. The commissioning couples would become the legal parents if surrogacy is legislated for. [Part 3: Head (10)]
- Four of the Justices of the Supreme Court Nov. 7, 2014, urged the Government to recognize the right of the genetic mother to be legal mother. At present the birth mother is the legal mother.