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At present, there is no law regulating assisted human reproduction (AHR) in Ireland. An estimated 500 children are born here each year as a result of donor gametes which are mostly sourced from abroad. However, the Irish Government is planning to publish legislation which is likely to end the use of anonymous donor material, as is the case in the UK. This follows the recommendations of the Commission on Assisted Human Reproductions, which has urged the Government to ensure that only sperm or egg donors who are willing to be identified should be used in Ireland. But leading figures in the IVF industry are opposed to plans that would provide even this minimal protection for children born as a result of this procedure.
 
At a conference to debate the issue at the Royal College of Surgeons last weekend, Graham Coull, a laboratory director with the Sims clinic in Dublin, said banning anonymous donors would lead to higher costs. But Helen Browne, chairwoman of the National Infertility Support and Information Group, said it was in the best interests of children to be able to identify a donor in later life. She said many parents were receiving donor material from Spain – where anonymity of donors is enshrined in law – because there was a short waiting time rather than because of its laws over anonymity. “From speaking to people in our group, we feel there should be a process like adoption so people know what’s involved and can consider ethical issues like telling their children and how to deal with challenges in the future.”
 
While presently there is no law on the use of donor sperm or eggs in Ireland, it is believed that few people outside of families or close friends donate their genetic material. This may be down to legal uncertainty over the links between donors, recipients and the children produced. Tony O’Connor, a senior counsel who has advised on several cases in this area, said that while legal contracts may be drawn up between a donor and a recipient, these provisions did not apply to a child. In the absence of any legislation, he warned of potential complications when it comes to succession rights for donor-conceived children, given that our existing laws never envisaged these issues. “In adoption law, we have regulated this area. But there is no provision in legislation outside of that . . . the State is not owning up to its responsibilities,” he said.
The Irish Times. January 30.