Written answers

Wednesday, 1 July 2009

Department of Health and Children

Assisted Human Reproduction

11:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 144: To ask the Minister for Health and Children the current legal situation with respect to surrogate parenthood; her plans to introduce legislation in this area; and if she will make a statement on the matter. [26645/09]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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There is no legislation in Ireland that deals specifically with the area of Assisted Human Reproduction. The Commission on Assisted Human Reproduction examined this in its report and considered a number of legal issues which, in the view of the Commission, would arise under the current law, including the issue of determining legal parentage of a child born to a surrogate mother, applications for guardianship and custody, adoption law and constitutional law. The Commission's Report was referred by the Government to the Joint Oireachtas Committee on Health and Children in 2005.

My Department is developing an appropriate regulatory framework which would involve legislation for the area of Assisted Human Reproduction. The work involves, inter alia, examining the approaches to regulation in other jurisdictions and considering the ethical and legal issues that arise. It will also take into account the report of the Joint Oireachtas Committee on Health and Children on this area - when completed - and an expected judgment of the Supreme Court in the RvR (frozen embryos) case.

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