'It could still be happening now': Parents demand action on bill to stop infant organs being sent abroad

Perinatal organs belonging to 18 babies were sent from CUMH to Belgium for incineration without the consent or knowledge of their parents.

The organs of infants could still be sent abroad for incineration without the knowledge of their parents, unless the Human Tissue Bill is enacted quickly.

That is according to Laura Kelleher, whose daughter, Hope, was stillborn at Cork University Maternity Hospital in November 2019. In September 2021, it emerged that perinatal organs belonging to Hope and 17 other babies were sent from CUMH to Belgium for incineration without the consent or knowledge of their parents, in late March and early April 2020. The move was made to free up space at the hospital morgue because of the possibility of increased deaths because of Covid-19.

As the families continue their wait for a report into the incident, Laura says: “It is really really important that the Human Tissue Bill goes through as quickly as possible so that this won’t happen again. It happened after our babies, and it could still be happening now.” 

Consent

The bill will ensure there is a legislative framework for consent for activities involving human organs and tissue.

Senator Tim Lombard raised the issue with Minister Frank Feighan in the Seanad in recent days. Mr Feighan told him that the complexity of the Bill has meant that “a number of challenges have been encountered in drafting the legislation that have had to be resolved before publication is possible". 

Mr Feighan added: “However, in light of recent events a review is being undertaken to see whether an expansion of provisions to encompass certain aspects of coronial post mortem activities might be possible. Intensive engagement is ongoing between officials in the Department of Health and the Department of Justice with the Attorney General and his officials to find a resolution to this issue.” 

He said that drafting the bill is at an “advanced stage” and said that it is expected that government approval will be sought for it “this Oireachtas term.” 

Mr Lombard said there has been no progress since he last raised the issue with Minister Mary Butler in the Seanad last November.

He said: “The last twelve months have come and gone. These parents haven’t any security when it comes to the legislation that’s been promised.” 

On July 13, Taoiseach Micheál Martin told the Dáil he had met with Health Minister Stephen Donnelly and the Attorney General, Paul Gallagher, adding: “I made it clear I want that legislation published in September.”