State-funded IVF to be expanded 'imminently' to couples facing difficulty conceiving second child
COUPLES EXPERIENCING 'SECONDARY infertility', whereby they are having difficulty conceiving a second child, will soon be eligible to avail of free fertility treatment, such as IVF, under the government-funded scheme.
While the Department of Health confirmed to
The Journal
that the plans are 'currently being finalised', it is understood the expansion of the scheme will be launched 'immently' and by the end of the month.
Last October, the government said the scheme would be expanded to couples who already have children, however there have been criticisms about the delay in rolling out the expanded services.
The expansion will mean the reversal of one element of the scheme's current criteria which requires that a couple accessing publicly funded IVF or fertility treatments must have no living children together.
The so-called
'existing child limit' had been criticised by GPs
.
500 referrals per month to fertility hubs
While many couples will welcome the news of the service expansion to include couples who have difficulty conceiving a second child, concerns have been raised about current delays with the service and whether enough resources are being given to fertility hubs tasked with handling the high number of referrals.
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Nationally, the six regional fertility hubs receive approximately 500 referrals per month for fertility assessments.
As of the end of May, the six regional fertility hubs have made 2,335 referrals to HSE authorised Assisted Human Reproduction providers for advanced fertility treatment, including IUI, IVF or ICSI.
Wait times to see a consultant following completion of required investigations are on average three months nationally, the department told
The Journal.
Previously, Clinical Director of the HSE's National Women's and Infants Health Programme Dr Cliona Murphy told RTÉ that waiting time for patients who are due to attend a regional fertility hub for an initial appointment is approximately ten to 11 weeks while most are seeing a consultant within around six months.
Currently, a total of 45 staff work across the six fertility hubs, including consultants, fertility clinical nurse specialists, and administrative teams.
This figure includes 13 consultants who manage and provide fertility services as one of the duties and roles assigned to them while they also work as consultant obstetricians and gynaecologists in maternity and gynaecology services.
The remainder of the staff work full time in public fertility services.
Recently, Labour TD Marie Sherlock hit out at the false starts of the service, stating that some families have delayed adding to their family on the promise from government that this would be addressed.
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Criteria
'It's beyond cruel to treat women and families in this way,' she said. Sherlock also criticised the 'very restrictive' criteria applied to scheme.
Health Minister Jennifer Carroll MacNeill has confirmed that she hopes to be in a position 'in the coming weeks' to make the announcement to expand the government-funded scheme to 'secondary infertility', but only 'as long as, of course, they meet all the other existing criteria'.
There are commitments in the Programme for Government to both 'expand eligibility to State-funded IVF' and establish the first public AHR treatment centre.
While the minister has said consideration of possible further expansion of the relevant criteria will continue, she has clarified that 'it is highly unlikely that changes will be made to clinically-based criteria such as those
in relation to BMI limits
'.
Decisions on further proposed changes to the access criteria or the scheme more broadly requires continued consultation between Department of Health officials, colleagues in the HSE and with specialists in the field of reproductive medicine, she said in a recent reply to a parliamentary question.
Ireland's first public AHR centre is scheduled to open in Cork later this year where it is anticipated service provision will commence in late 2025, with the facility fully operational by 2026.
Currently, fertility treatments through the state-funded model, are largely outsourced to private operators.
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Karen Kilraine, Barrister at Law at The Law Library also told The Journal that organ donation and transplantation in Ireland was largely governed by medical guidelines, ethical guidelines and the principle of consent before now. 'There is no statutory regulatory authority equivalent to the Human Tissue Authority in the UK,' she explained. The Human Tissue Authority in the UK regulates post-mortems, organ donation and transplantation, as the use of human bodies for research, anatomy training, public displays, or medical treatment. The current system in Ireland effectively means that the main considerations for organ donation are the wishes of an individual donor's family, as well as confirmation that the donor is dead. White outlined how this works in practical terms. 'To be in the position to be a potential organ donor, typically you have to be in an intensive care unit on a life support machine, and two independent doctors have to declare you brain stem dead,' he said. 'At that point, the possibility of organ donation can be broached.' There were 263 organ transplants performed in 2024, including 84 from deceased people and 30 from living donors, according to the HSE . The majority of these (175) were kidney donations. (A single dead donor can give multiple organs to separate recipients. For example, both kidneys can be transplanted). White noted that only about 1-2% of people who die will do so in such a way that they are eligible for organ donation. Statistics from other countries give even lower figures . This is largely due to the need for such organs to be recovered shortly after death, but also because the cause of death might damage a person's organs. Initially, Ireland's organ donation system focused primarily on kidney donations. 'The organ donor card was introduced by the Irish Kidney Association back in the late '70s,' White said. 'Originally it was the Kidney Donor Card, because the kidney was the organ that was being mostly transplanted. For the other organs, the science hadn't quite got there. 'Over time, that has morphed into the organ donor card that we know today. The Irish Kidney Association is still responsible. Every single organ donor card that's in the country comes out of our office.' However, despite what many people believe, the card itself doesn't have any legal weight. 'The donor card has space for two signatures on the back of it, one for the owner and one for a person's next of kin,' White explained. 'The idea is then that they take the card and go to a family member and say, 'Here, there's a space for you to sign this. Will you sign here?' 'That's its primary function — it's an icebreaker into the conversation about organ donation. Because typically, it's not something that comes up at the dinner table 'How was your day, dear? And, oh, by the way, in the event of me being a potential organ donor, would you make sure it goes ahead, please?'' Whether or ot not a person has a card, the family of a deceased potential donor will be approached for consent to donate their organs. 'Even if the deceased carries a donor card, their next of kin (as in nearest relatives) still have to consent to the donation,' barrister Karen Kilraine said. Ultimately, both the card and the conversations it may have prompted are only a guide to a family's decision after a person has died. Advertisement What will change under the new law? Under the incoming rules, an opt-out register will be set up, whereby people can register that they do not want to donate their organs after death. There are no plans for an equivalent opt-in register. 'If somebody feels 'I'd rather not be considered a potential organ donor, I'd rather not have my family to have to address that question', they will be able to go to a HSE-run register and record their details,' White told The Journal. 'So in the event that they die in the circumstances where organ donation is a possibility, the first step from the hospital will be to consult the opt-out register.' People who are not included on the register will be 'deemed to consent' to organ donation. However, that is not the end of the legal hurdles. As under the previous system, a person's next-of-kin still has to agree to the donation. The new legislation formalises the concept of a 'designated family member', and will rank these in order, from spouses and civil partners, through siblings, down to friends. If more than one person shares the highest applicable rank, just a single objection is enough to stop an organ from being donated. 'Where a deceased person is not on that register and there is therefore 'deemed consent', a doctor cannot remove organs unless what is termed a 'designated family member' has confirmed in writing that they have no objection to donation,' Kilraine told The Journal. 'The Act does not change that. The decision with respect to organ donation is ultimately settled after death and by someone other than the deceased.'' Given these new restrictions, how is the new system expected to increase the number of organ donations rather than discourage them? 'The idea behind it is to try and kind of make it more the cultural norm, that it's part of the dying process,' White said. 'Under the current system, the conversation might be 'did your loved one have an organ donor card?', or 'did you ever have a conversation about organ donation?', or 'do you think organ donation is something that they would have considered?' — that kind of phraseology.' 'After 17 June, the question will be more about, as the legislation says, 'Is there any reason you think your loved one would have objected to organ donation or not want to have been considered?'' Further restrictions But the legislation still places further restrictions around organ donation after a person dies. Over six chapters, Section 2 of the Human Tissue Act breaks down the rules, principles, and priorities that have to be accounted for during the process. These are too long to delve into in detail, but generally, the Act takes a cautious tone when it comes to donating a dead person's organs. 'In the absence of 'opting out', all adults who are 18 years of age or above, ordinarily resident in the State for 12 months or more, who do not lack capacity and or have not for a significant period of time before their death are deemed to consent to organ donation,' Kilraine said. 'People not satisfying these criteria include children, who cannot be deemed to have given consent.' Kilraine also noted that some sections appear to give 'safeguards', ranging from people who would have consented to donate some particular organs but not others, to those who don't want their organs donated but for whatever reason had never opted out. 'It's not a case of, 'Well, I never got around to opting out, so the State are going to take my organs',' White told The Journal. 'The public can rest assured that if a family member hasn't opted out, their relatives will still be the final port of call. It's written very clearly into the legislation: hospitals cannot bypass the family.' Organs and ownership Given the emphasis on the consent of a person's family, is there any weight to the notion that people's organs will become property of the State, as has been claimed online? 'A dead body is not considered property in Ireland; this is to respect and afford dignity to a dead body and which supersedes any concept of ownership,' Kilraine explained. The term 'property' does not appear once in the Human Tissue Act, nor does the term 'ownership'. The term 'owner' does appear three times, but always in relation a building or business, e.g. 'the owner of the hospital'. Instead, dead bodies and organs are legally put under 'authority', a far more limited concept than that of property. 'Next of kin have certain rights and responsibilities with respect to a dead body including with respect to burial and decisions regarding post mortems and organ donation,' Kilraine said. 'This does not amount to ownership.' 'Where a death is sudden, unexplained or in suspicious circumstances, the coroner has legal authority over the body and can order a post-mortem and or retain the body for investigative purposes. 'This authority when in force supersedes any rights of the next of kin or family. It is however as a custodian, and neither the coroner or the State have ownership of a dead body. 'None of the above are changed by the Act. Organs of dead people would not be said to be property of the state or of anyone else.' The gift of life The new Irish legislation follows opt-out systems that have been put in place in other countries, including in every jurisdiction in the United Kingdom. However, since being introduced in England in 2020, it has not had a major impact on the number of organs that have been donated. In large part, this was due to potential donations being overruled by patients' families. Of the 1,036 cases where deemed consent applied, the family did not support donation 446 times, according to statistics from the NHS . In many ways, the conversation encouraged by the Kidney Donor Cards since the '70s is still the key to successfully enabling organ donations. 'When we lose a loved one, there's very much that element of powerlessness,' White told The Journal 'And then there's this opportunity, if you're in that 1-2%, to transform the lives of others.' 'I've witnessed, over the years, donor families coming up to the transplant recipients to say 'thank you', which is mind blowing. The recipients say 'No, hold on there! It's your loved one and your decision that has allowed me to do what I'm doing'. 'But the donor families say: 'No. It brings some degree of meaning to the loss of our loved one.'' 'We have to think of organ donation, not only in terms of the recipients, but equally of the donor family,' White said. 'We've lost a loved one, but there are other families out there who are getting to celebrate another of life's milestones, to see another Christmas, to share another sunrise.' The Human Tissue Act introduces a new framework for organ donation, however the rights of surviving family members remain paramount. 'Empower your family. Have the conversation,' White implored. 'Or, some might put it a different way: take the decision out of your family's hands by letting them know what you want.' Want to be your own fact-checker? Visit our brand-new FactCheck Knowledge Bank for guides and toolkits The Journal's FactCheck is a signatory to the International Fact-Checking Network's Code of Principles. You can read it here . For information on how FactCheck works, what the verdicts mean, and how you can take part, check out our Reader's Guide here . You can read about the team of editors and reporters who work on the factchecks here . Readers like you are keeping these stories free for everyone... It is vital that we surface facts from noise. Articles like this one brings you clarity, transparency and balance so you can make well-informed decisions. We set up FactCheck in 2016 to proactively expose false or misleading information, but to continue to deliver on this mission we need your support. Over 5,000 readers like you support us. If you can, please consider setting up a monthly payment or making a once-off donation to keep news free to everyone. Learn More Support The Journal