A new body should be set up to regulate all aspects of human infertility treatment, according to a Government-appointed commission established to outline policy options in this controversial area, writes Carol Coulter, Legal Affairs Correspondent
In its long-awaited report the Commission on Assisted Human Reproduction (CAHR) also recommends that the constitutional protection to the "unborn" should only begin when an embryo is implanted in a woman's womb.
Human infertility treatment is not regulated by legislation and is governed only by the code of ethics of the Medical Council.
The Irish Times has learned that the commission also concluded that the donation of sperm, ova and embryos should be permitted, as should surrogate parenthood. Fertility treatment should be available to unmarried and lesbian couples, subject to the overriding consideration of the welfare of the child. It rules out human cloning for reproductive purposes.
The most controversial question addressed by the commission is that of the status of an embryo created by in-vitro fertilisation (IVF). Its conclusion that it should only attract legal protection after implantation in the woman's body paves the way for other recommendations, including the disposal of surplus embryos, under strict regulation. This would allow them to be donated or used for research purposes under certain conditions.
The CAHR report - containing 40 recommendations - is expected to be presented to the Cabinet tomorrow by Minister for Health Mary Harney.
The commission was set up in March 2000 by her predecessor, Micheál Martin, under the chairmanship of Dervilla Donnelly, emeritus professor of organic chemistry in UCD, to report on possible approaches to the regulation of all aspects of assisted human reproduction. It established an office in July 2001.
The terms of reference of the commission included the social, ethical and legal factors to be taken into account in determining policy in this area. The commission included scientists, doctors, lawyers, social scientists, psychiatrists, civil servants and experts in human infertility among its members, and consulted other experts during its deliberations.
Infertility treatment, including the use of in-vitro fertilisation (IVF) has existed in Ireland since the 1980s, and there are now nine clinics offering some form of assisted human reproduction, including artificial insemination. Concern has been expressed, especially by the Catholic Church, about some practices, particularly the freezing and ultimate disposal of surplus embryos. Commission recommends major changes: