Ireland’s Special Rapporteur on child protection has expressed ‘profound concern’ that the complete lack of legislation on assisted reproduction in Ireland is not in the best interests of the child.
Geoffrey Shannon, a lawyer who specialises in child law, is concerned about a number of issues relating to egg and sperm donation. Egg and sperm donors are anonymous in Ireland, meaning that donor-conceived children have limited or no information about their biological parent or genetic heritage, and this is just one of the issues he has raised.
In the absence of any laws, Ireland’s fertility clinics follow guidelines set out by the Irish Medical Council or the UK’s HFEA, which are not always appropriate in a different legal and cultural setting. The Irish Medical Council’s guidelines forbid the destruction of stored embryos, so clinics are legally obliged to continue storing them even if they have been abandoned by the patients who created them, and there has recently been a case where an Irish fertility doctor declined to treat an unmarried couple.
One difficulty with this is that it is not clear who the legal parent is of a child born through egg or sperm donation and there are many discussions about whether removing anonymity would affect the number of donors – issues which we are very familiar with on the other side of the Irish sea.
The law is an important reference point that reflects and guides both ethics and practice. While many would argue that UK fertility law is far from perfect, at least it is clear that a sperm or egg donor gives up parental responsibility and that they are no longer anonymous. This means donors know what they are getting into before they donate, and that there are mechanisms for donor-conceived adults to trace their donor should they wish to. This may not be to everyone’s liking, but it is fairer on donors as well as donor-conceived people.