In the Best Interests of the Child? The Regulation of dahr in Ireland

摘要

The Children and Family Relationships Act 2015 provides specific rules to allocate parentage in cases of donor-assisted human reproduction ('dahr') for the first time in Ireland. In this regard, the 2015 Act represents a positive step forward for Irish law and is one which certainly enhances the position of children who are born via donor procedures by offering their families much needed recognition and certainty. It must be considered, however, whether the provisions of the 2015 Act operate in the best interests of children to the fullest extent. This article considers the main provisions of the 2015 Act from the perspective of the child's rights and interests to understand whether children are adequately protected by the new legislation. Ultimately, it will be shown that there are some gaps in the 2015 Act which need to be addressed so as to truly operate in children's best interests.