Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

The area of surrogacy is one of the most complex to deal with. Compassion and sensitivity are required, as is a very strong emphasis on the welfare of the children born as a result of this process. Since the formation of the Government, there has been substantial work and engagement with a view to future legislation on the wider issue between the Ministers for Justice and Health, the Attorney General and myself. My colleague the Minister for Health has lead responsibility for legislation in this area. His Department is working on drafting a Bill on assisted human reproduction, AHR. This comprehensive legislation will encompass the regulation of a wide range of practices undertaken in this jurisdiction, including domestic altruistic surrogacy, for the first time. I understand that officials in the Department of Health and the Office of the Attorney General will continue to engage intensively over the coming weeks to finalise this legislation.

The Children and Family Relationships Act 2015 reforms and updates family law to address the needs of children living in diverse family types. The Minister for Health is responsible for Parts 2 and 3 of this Act. These were commenced in May 2020. Parts 2 and 3 deal with the issue of donor-assisted human reproduction.

While legislation in the area of surrogacy is complex, it is important to note that there are some important protections in place for children in advance of the legislation's enactment. The Department of Foreign Affairs has published guidelines for intending parents pursuing surrogacy arrangements abroad. The Irish authorities require intending parents to provide a written undertaking that they will notify their local health centre of children's presence within two working days of their arrival in the State. In addition, the genetic father is required to provide an undertaking that he will apply to the courts for a declaration of parentage and a guardianship order in respect of the child. This ensures that his legal relationship with the child is established and that he is in a position to make decisions on behalf of that child. The intending father must provide appropriate DNA evidence. An intending mother of a child born through surrogacy is entitled to apply for guardianship of the child where she is married to, or in a civil partnership with, the child's parent or has cohabited with that parent.

While these current protections are important, we all recognise that the best interests of children should be supported through the robust regulation of surrogacy. This is a priority for the Government, as is reflected in the programme for Government.

See this speech in context