Written answers

Tuesday, 8 April 2014

Department of Justice and Equality

Surrogacy Issues

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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460. To ask the Minister for Justice and Equality his plans to introduce new rules and procedures in relation to the surrogacy issue; when these are expected to be in place; the transition rules that will apply in relation to persons who are currently involved in the surrogacy process; and if he will make a statement on the matter. [16571/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The General Scheme of a Children and Family Relationships Bill, published on 30 January 2014, seeks to provide legal clarity in terms of the parentage of a child born by means of surrogacy and assisted human reproduction. The General Scheme outlines my policy intentions which are to enable the commissioning parents to obtain a "parentage order" through the courts establishing their legal parentage of a child born through an altruistic surrogacy arrangement which complies with the requirements of the draft legislation. I have proposed transitional arrangements which would allow parents to apply for orders in respect of children born through surrogacy arrangements which might not comply with the rules proposed in the General Scheme. It is proposed that such transitional arrangements would apply in instances where the procedure leading to the surrogate mother's pregnancy and the child's birth took place prior to the commencement of the legislation. The General Scheme also sets out the rules which would apply in relation to establishing the legal parentage of a child born through assisted reproduction if that were the subject of some later dispute. The General Scheme has been referred to the Joint Oireachtas Committee on Justice, Defence and Equality for pre-legislative scrutiny and for public consultation. I understand that the Committee is holding hearings on the entirety of the Scheme tomorrow. I am keen to progress this legislation as quickly as possible and hope to have it drafted over the coming months with a view to early enactment.

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