Alan Farrell (Dublin Fingal, Fine Gael) | Oireachtas source

I am pleased to finally see this Bill being brought into Dáil Éireann, having been discussed and awaited for some years now. The Bill and its introduction to the legislative framework is something Fine Gael has been committed to across successive Governments. Today represents progress for thousands of families in Ireland and the tens of thousands of couples who will in future require support when starting their own families. There exist significant gaps in the current legislation that have left many families in legal limbo. While this Bill is not perfect by any means, I believe that if the Department and the Minister approach this issue and this Bill with the sensitivity, understanding and openness this subject matter demands, we can make significant progress for so many families in Ireland and provide the clarity and certainty all people require with regard to their family.

Ireland has long been a European outlier with regard to legislation in this area, as highlighted by my colleague Frances Fitzgerald in a recent report. The lack of legislation has created an unnecessarily complex and vague situation for couples attempting to access supports for IVF or ICSI for surrogates and, ultimately, for the children themselves.

Some one in six Irish heterosexual couples will struggle to conceive during their relationship. This represents a significant number of people in our country. There is no public funding for these couples and the lack of legislation deprives them of the support and information they need to make the best decisions for themselves and their families. The procedures involved in AHR treatments can be risky and costly, and they can be emotionally and physically demanding for all of those involved. There is, therefore, a need for the Government and this House to act in order to provide the regulatory framework that is vital for the provision of treatment in Ireland.

In 2017, the cost of an IVF cycle in Ireland was between €4,000 and €6,000 and the cost of an ICSI treatment was between €5,000 and €6,500. This is a significant burden on the individuals involved and, as most will know, there are no guarantees that a single cycle will be successful. Further rounds may be necessary to allow couples to fulfil their dream of growing their family, something that many people have to date dreamt of but been unable to access. As has been stated, the cost of these services should not dictate a parent or an intending parent’s ambition to welcome a child to their families. This Bill will be a stepping stone to address these issue and I urge the Minister of State and the Department to investigate the avenues in which the State can provide funding assistance in the event that people cannot pay the costs of treatment themselves.

The number of treatment cycles per annum in Ireland grew from 7,500 in 2009 to just over 11,000 in 2018. I note there has been a slight drop in the number of treatments provided since then but I understand that is down to the Covid-19 pandemic. The lack of legislation in the area of AHR in this country has allowed for a vacuum in services and, crucially, information. The development of the AHRRA under this Bill will be a transformative moment for AHR services in Ireland and for the families that will seek these services in the future. As has been said by other Members, research should be conducted by the Department with regard to access to services provided for under this Bill, and how they can be implemented in a regionally balanced way. The AHRRA will provide many services in this area. Notably, it will be in the position to collect data with regard to treatments and outcomes, which heretofore have been unaddressed and only available through private facilities. This has led to an inability to understand the needs and services that should be provided within our health system. This will allow further research to be carried out and to indicate where our funding should be placed in order to provide parents and children the best possible service in Ireland.

The AHRRA will also play a vital role in the provision and regulation of surrogacy in Ireland. The authority will provide for the introduction of a national surrogacy register as well as a register of donors. This, again, is a transformative step the Bill will provide for. The mechanism will allow couples in Ireland the opportunity to engage in surrogacy domestically and not be forced to travel abroad to find the opportunity to grow their family. Travelling abroad for surrogacy can present intending parents and parents of surrogate children with complex legal issues both at home and abroad. As has been mentioned so far in this debate, the Bill leaves some questions with regard to international surrogacy and parentage and so I welcome the development of a special Oireachtas committee to deliver a body of work on international surrogacy. I understand this committee will report back in a number of months. This is a welcome step that I hope will deliver some important recommendations on an issue that is of utmost seriousness and emotion. However, the timing of this process is questionable. The Bill has been published in advance of the committee’s hearings and thus will not, it seems, benefit from this process. I ask the Minister of State to come back to the House in his closing remarks and address this issue, one which a majority of Members have mentioned during the course of this debate.

The issue of parentage in the context of international surrogacy is a key question in this debate. The Minister of State will recall the AHR Coalition, which came before the Fine Gael parliamentary party in recent weeks at the request of Senator Seery Kearney. We heard directly from families across the spectrum of surrogacy about the significant gaps that are present. There are families in Ireland where one parent is not recognised as having parentage rights over their children. This means there are parents in Ireland that lack the legal ability to make simple parental decisions on behalf of their children. The unpredictability of life leaves us with the potential for serious and heart-wrenching scenarios where a parent with legal parentage passes away suddenly and his or her partner does not have the legal equality to parent the child and make decisions on behalf of the child. The resolution to such issues can sometimes take years. This is something that should be addressed and I hope this will form the basis for some of the work to be carried out by the Oireachtas committee on international surrogacy and by the Department. I acknowledge there are serious and sensitive ethical issues regarding the nature of surrogacy and these concerns have been recognised within the Bill, providing for surrogacy for altruistic purposes only and that any surrogacy agreement in Ireland would be certified by the regulatory authority. Importantly, this Bill and the Government recognise the need to avoid coercion into or commercialisation of surrogacy in Ireland. While introducing legislation of this nature we must ensure vulnerable women are not forced into a scenario of carrying a child against their wishes.

I would like to highlight the need for continued support for women who carry a surrogate child. This should not only be limited to the early stages of surrogacy or the term of the pregnancy but it should also be provided in the post-natal period in which the woman may require additional support. This should be a priority for the services provided in this context. I also wish to note that the Joint Oireachtas Committee on Health has completed work on this issue and has made a number of recommendations to the Minister with regard to this Bill. They include some important contributions with regard to international surrogacy and parentage, as I have already discussed, but also with regard to the welfare of the child and the removal of mandatory counselling for anyone seeking to be a recipient of AHR. I hope the Department will, throughout the process of this Bill and in the time subsequent to the passage of this Bill, continue to engage with stakeholders, families and those involved in the sector. I hope it will allow the roll-out of an inclusive, encompassing and progressive service that will make profound impacts on the lives of so many. It has the potential to be a truly life-changing Bill, filling a gap that has been identified for over two decades.

I often speak in this House of how our country and society have changed in recent years and decades. We have seen dramatic changes in women’s rights and LGBT rights in Ireland, led by the public and pursued by the Government. This Bill is the latest where successive Governments have sought to build on that progress and deliver real change that reflects more understanding and an equal country. The AHR Bill will allow for more access for families, couples and individuals that seek to achieve one of the most profound and important life events one can have, the welcoming of the birth of a child. Fine Gael has committed to providing legislation in this area and I am pleased to see the Bill before the House today. This Bill will change lives for the better, I look forward to the work of the special Oireachtas committee. I hope the Department will consider the issues of international surrogacy and parentage I have raised, as well as increasing access to services such as IVF.

We must recognise that the country and our lifestyles have changed. We know women are having children later in life than in previous decades. With progress in social equality, we see more same-sex couples living happily in our society and the provision of AHR services and supports will allow loving couples of all different backgrounds to welcome a new family member into their homes. I look forward to the progress contained within this Bill but I urge the Minister of State to ensure the views and recommendations of the special Oireachtas committee be included by the Minister on Committee Stage of this Bill. I would be immensely disappointed if we were to separate international surrogacy from the steps the Government is taking today through this Bill. I ask the Minister of State and the Government to reflect on that.

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