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Dr. Andrea Mulligan
Assistant Professor, Law

Biography

I am an Assistant Professor of Law at the School of Law, teaching and researching in the field of Torts, Medical Law and Bioethics. My particular area of specialisation is the legal regulation of human reproductive technologies, ranging from established technologies such as IVF, surrogacy and donor-assisted conception to emerging and future technologies such as gene editing and human enhancement. I am interested in both the public law and private law aspects of this research field.

I also have research interests across the broader fields of Medical Law and Bioethics.

Flowing from my work in the field of reproductive technologies, I have an ongoing interest in the area of reproductive ethics, encompassing work on abortion ethics and regulation. I am currently working on conscientious objection rights in Irish abortion law.

I graduated from the LL.B programme at the School of Law, before going on to study on the LL.M programme at Harvard Law School, where I specialised in reproductive technologies and constitutional law. I returned to TCD for my doctoral studies, and was awarded my doctorate in 2014, for my thesis entitled "Fundamental Right and Organising Principles in the Regulation of Assisted Reproduction in Ireland." I was called to the Bar of Ireland in 2012.

Publications and Further Research Outputs

Peer-Reviewed Publications

Andrea Mulligan, Protecting Identity in Collaborative Assisted Reproduction: The Right To Know One's Gestational Surrogate, International Journal of Law, Policy and the Family, 2020 Journal Article, 2020

Redressing Unauthorised Vaginal Examination Through Litigation in, editor(s)Camilla Pickles and Jonathan Herring , Women's Birthing Bodies and the Law: Unauthorised Intimate Examinations, Power and Vulnerability, Oxford, Hart Publishing , 2020, [Andrea Mulligan] Book Chapter, 2020

Surrogacy Law in Ireland: The Troubling Consequences of Legislative Inertia in, editor(s)Peter Dunne and Lynsey Black , Law and Gender in Modern Ireland, Hart Publishing , 2019, pp117 - 136, [Andrea Mulligan] Book Chapter, 2019

Andrea Mulligan, A Vindicatory Approach to Tortious Liability for Mistakes in Assisted Human Reproduction, Legal Studies, 2019 Journal Article, 2019

Andrea Mulligan, Identity Rights and Sensitive Ethical Questions: The European Convention on Human Rights and the Regulation of Surrogacy Arrangements, Medical Law Review, 2018, p449 - 475 Journal Article, 2018

Mulligan, Constitutional Aspects of International Data Transfer and Mass Surveillance, Irish Jurist, 55, 2016, p199 - 208 Journal Article, 2016

Andrea Mulligan, Maternal Brain Death and Legal Protection of the Foetus in Ireland, Medical Law International, 15, 2015, p182 - 195 Journal Article, 2015

Andrea Mulligan, The Right to Travel for Abortion Services: A Case Study in "Cross-Border Reproductive Care, European Journal of Health Law, 22, (3), 2015, p239 - 266 Journal Article, 2015

Andrea Mulligan, Self-Determination, Capacity and the Right to Die by Hunger Strike: Governor of X Prison v PMcD, Irish Jurist, 54, (2), 2015, p165 - 172 Journal Article, 2015

Andrea Mulligan, Article 8 and the Right to Respect for the Decision to Have or Not to Have a Child, European Human Rights Law Review, 4, 2014, p378 - 387 Journal Article, 2014

Andrea Mulligan, Constitutional Parenthood in the Age of Assisted Reproduction" (2014) 48(1) Irish Jurist , Irish Jurist, 48, (1), 2014, p90 - 122 Journal Article, 2014

Andrea Mulligan, From Murray v Ireland to Roche v Roche: Re-Evaluating the Right to Procreate in the Context of Assisted Reproduction, Dublin University Law Journal, 35, 2012, p261 - 291 Journal Article, 2012

Andrea Mulligan, Frozen Embryo disposition in Ireland After Roche v Roche, Irish Jurist, 46, (1), 2011, p202 - 210 Journal Article, 2011

Andrea Mulligan, Tortious Liability for Mistakes in IVF: Duty of Care, Public Policy and the Non-Identity Problem in A(A Minor) and B(A Minor) v A Health and Social Services Trust, Dublin University Law Journal, 34, 2011, p256 - 270 Journal Article, 2011

Non-Peer-Reviewed Publications

Andrea Mulligan, Regulating Abortion in the Republic of Ireland, Regulating Abortion: The English, French and Irish Perspectives, Bar Library, Inn of Court of Northern Ireland, 30 January 2020, 2020, European Circuit/Bar of Northern Ireland Invited Talk, 2020

Andrea Mulligan, Protecting the Best Interests of the Future Child in the Regulation of Gene Editing Technologies, European Association of Health Law Conference, Toulouse, September 2019, 2019 Oral Presentation, 2019

Andrea Mulligan, Protecting the Best Interests of the Child in the Regulation of Gene Editing Technologies, 33rd European Conference on Philosophy of Medicine and Healthcare (ESPMH), Oslo, August 2019, 2019 Oral Presentation, 2019

Andrea Mulligan, Article 8 ECHR and the Right to Identity in Assisted Human Reproduction, Society of Legal Scholars Annual Conference, London, September 2018, 2018 Oral Presentation, 2018

Andrea Mulligan, Should there be a Legal Right to Know your Surrogate? Identity and the Role of Gestational Motherhood, British Sociology Association, Human Reproduction Study Group Annual Conference, May 2018, 2018 Oral Presentation, 2018

Oran Doyle, Andrea Mulligan and Mary Rogan, Graduate Attributes, Curriculum Reform, and Pedagogical Innovation, LERU Law Schools Conference - The Future of Legal Pedagogy, Lund, 14 November 2018, 2018 Meeting Abstract, 2018

Andrea Mulligan Simon Mills, Medical Law in Ireland, 1st, Dublin, Bloomsbury Professional , 2017, 1 - 619pp Book, 2017

Andrea Mulligan, Tortious Liability for Mistakes in Reproductive Treatment, Society of Legal Scholars Annual Conference, Dublin, September 2017, 2017 Oral Presentation, 2017

Andrea Mulligan, Regulation of Surrogacy and the ECHR, Surrogacy: Forging a legal and Policy Framework for Ireland, 2016 Invited Talk, 2016

Andrea Mulligan, The Use of DNAR Orders in Irish Law, CMG Interdisciplinary Professional Conference, 'Legalities in End of Life Care, Dublin, 2015 Invited Talk, 2015

International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Gamete Donation Across International Borders: The Challenge of Ensuring Donor Contact in Europe, International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Santander, Spain, 2015 Oral Presentation, 2015

Andrea Mulligan, The Human Fertilisation and Embryology Acts and the Protection of the Best Interests of Future Children., Postgraduate Bioethics Conference, King's College London, May 2013, 2013 Oral Presentation, 2013

Andrea Mulligan, The Contested Nature of the Best Interests Test, Conference on the Children's Rights Referendum, TCD, 2012 Oral Presentation, 2012

Andrea Mulligan, Crafting a Legal Framework for Assisted Reproduction: Values, Rules and Judicial Incrementalism, Irish Association of Law Teachers Annual Conference, Dublin, November 2012, 2012 Meeting Abstract, 2012

Andrea Mulligan, Revising the Meaning of Life: Legal Protection of Embryos in Ireland and Germany and Assisted Human Reproduction, Irish Society of Comparative Law, UCD, April 2011, 2011 Oral Presentation, 2011

Andrea Mulligan, Roche v Roche: some guidance for frozen embryo disputes, Trinity College Law Review, 13, 2010, p168 - 181 Journal Article, 2010

Recognition

Representations

Engaged as an academic expert by the UK Secretary of State for Health and Social Care to provide an expert report for the High Court of England and Wales on surrogacy laws in the Member States of the Council of Europe. Report cited by Mrs Justice Lieven of the High Court of England and Wales in her judgment. February/August 2019

Commissioned by Special Rapporteur for Children Geoffrey Shannon to work on legal report on discovery of mass graves at Tuam Mother & Baby Home. Report contributed to ultimate decision by government to exhume bodies. 2018 - 2019

Briefed by Attorney General to represent State in case of IRM v Minister for Justice before the Supreme Court. Case defined scope of right to life of unborn, prior to repeal of 8th Amendment. February 2018

Invited to brief Irish Hospice Foundation on constitutional issues and end of life care, including assisted suicide. September 2019

Council Member, Irish Association of Law Teachers 2019 to date

Medical Law Review, Peer Reviewer

Journal of Medical Ethics, Peer Reviewer

Medical Law International, Peer Reviewer

Fulbright Commission, Interview Panel for Law Scholarships 2016-2017

Lecturer in Law of Assisted Reproduction, Law Society of Ireland, Medical Law Module, Professional Practice Course PPCII. 2016 to date

Member, Incorporated Council for Law Reporting in Ireland. This is the body that is responsible for the reporting of cases of the Superior Courts of Ireland. 2019 to date

Commissioned by Special Rapporteur for Children Geoffrey Shannon to prepare a report on uncommenced sections of the Children and Family Relationships Act 2015 relating to assisted human reproduction. October 2016

Awards and Honours

Elected to Scholarship, Trinity College Dublin 2007

Lucy Gwynn Prize, Trinity College Dublin 2007

Kingsmill Moore Prize 2008

Fulbright Scholarship 2009

Dean's Scholar in Legal and Ethical Issues in Reproductive Technologies 2010

Ussher PhD Fellowship, Trinity College Dublin 2010-13

Memberships

European Association of Health Law

International Association of Bioethics

Northern/Irish Health Law and Ethics Network

Ethics, Law and Pregnancy in Ireland Network (ELPIN)

Bar of Ireland October 2014 – To date