Chapter 17 - The Ireland experience: Cultural and political factors shaping the development of regulation of assisted human reproduction, ethical status of human embryos, and proposed regulation of surrogacy

Abstract

This chapter traces the emergence of assisted human reproduction services in Ireland within the socio-historic context of a lack of other reproductive rights for women. It outlines the pervasive influence of Catholic teaching on service provision. The latter hindered the statutory development of legalization on assisted reproduction. Despite this, Ireland has developed assisted reproductive technologies that comply with international best practice. The medical profession has developed its own code of ethical guidelines and embryologists working in the field of assisted reproduction have developed extensive self-regulation. Ireland transposed European directives on human tissue and cells into Irish legislation and established the Health Products Regulatory Authority, whose inspectors monitor compliance with these requirements. Legislation on abortion was a divisive political reproductive issue. The prohibitive amendment was repealed in 2018, and legislation is being drafted. There has been reluctance by the state to propose legislation on assisted reproduction and surrogacy. A number of Supreme Court cases have clarified the legal status of the in vitro embryo and the birth mother. This has paved the way for draft legislation. An examination of the proposed legislation shows that although it has taken some past concerns into account, it is considered by many to be unduly restrictive and coercive for those seeking treatment. Its recommendations propose the abolition of donor anonymity, the legalization of altruistic domestic gestational surrogacy only, and the strict prohibition of information, advice, or promotion of commercial surrogacy.