Written answers

Tuesday, 20 January 2015

Department of Health

Proposed Legislation

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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401. To ask the Minister for Health his plans to ensure recognition of the genetic mother as mother on the birth certificate of her child; if legislation will ensure that children will have a right to knowledge of both their surrogate and genetic parents; when legislation is likely to be presented; and if he will make a statement on the matter. [43966/14]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The issue of recording the genetic identity of children born through assisted human reproduction other than surrogacy is being dealt with in the context of the Children and Family Relationships Bill, currently at an advanced stage of drafting by the Department of Justice and Equality. That Bill will enable the intending parents who undertake donor assisted human reproduction to be assigned legal parentage and to obtain a birth certificate recording both of them as the child's parents. They will be the parents of the child for all legal purposes. In tandem with these provisions, the Bill will ban the use of anonymously donated gametes and will require notification of genetic parentage to the national donor-conceived person register. The donor-conceived person will, on reaching the age of 18, be able to obtain information, including identifying information, about the donor. These measures are intended to safeguard the right of the child to his or her identity including as to genetic origins. The Children and Family Relationships Bill is expected to come before the Oireachtas shortly.

In relation to surrogacy I have given a commitment to bring a memorandum for Government, seeking approval to draft the General Scheme of legislative provisions for assisted human reproduction. It is envisaged that this comprehensive legislation would deal with a wide range of issues from the beginning to the end of the assisted human reproduction process and will include provisions relating to surrogacy. The issue of parentage will be considered as part of these surrogacy provisions and the provisions will take into consideration the recent Supreme Court judgment in the MR & Anor v An tArd Chláraitheoir & Ors case.

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