Donor-born through the use of donor gametes should have the right to know their genetic identity from the age of 12, the Special Rapporteur on Child Protection, Professor Conor O’Mahony, has told the Government.

Surrogacy arrangements should also be kept on a domestic level, reducing dependence on “burdensome” international arrangements, he said.

The changes are laid out in the Review of Children’s Rights and Best Interests in the Context of Donor-Assisted Human Reproduction and Surrogacy in Irish Law, due to be published by the Government shortly.

Donor-conceived children currently must wait until they are 18 to access information on their genetic identity, but Prof O’Mahony says earlier access will help form a more settled sense of identity.

Clarity

“My view was that the maturity assessment was, in many ways, placing another barrier in the way of the child. While the age of 12 is a little bit arbitrary, at least it has the benefit of clarity in the sense that, after the age of 12, the child doesn’t have to jump through any more hoops,” he said.

“If somebody goes and orders anonymous sperm on the internet and administers it at home, the law simply can’t stop that,” Prof O’ Mahony told the Irish Times.

 “What the law can do is provide very strong incentives to go through the preferable route.

“The right to identity is legally binding on the State. We know from all the adoption debates going on lately how important it is, so the law should be set up to try to protect it as far as possible.

Beyond reach of the law

“At the same time there is a reality that some things are beyond the reach of the law.”

No exceptions should be made to allow withholding of information about genetic parents or surrogates on the basis of a potential risk to the safety of the genetic parents or surrogates, “since adequate provision is made in criminal law to address any such risk”.