Written answers

Tuesday, 21 April 2015

Department of Health

Assisted Human Reproduction

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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529. To ask the Minister for Health if he will provide an update on proposed new legislation on the issue of Assisted Human Reproduction, including surrogacy; and if he will make a statement on the matter. [15735/15]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Currently in Ireland, the provision of assisted human reproduction services remains largely unregulated. On 17 February this year, I received Government approval to draft a General Scheme of legislative provisions dealing with a broad range of aspects relating to assisted human reproduction, including surrogacy and the assignment of parentage in such cases. Under the proposed legislation commercial surrogacy will be prohibited, however, the reimbursement of reasonable expenses for surrogates will be permitted. In addition, the proposed legislation will take cognisance of the 2014 Supreme Court judgment in the MR & Anor v An tArd Chláraitheoir & Ors(surrogacy) case, which found that the birth mother, rather than the genetic mother, is the legal mother of twins born via surrogacy and should be registered as such on the birth certificates.

Following the completion of the draft General Scheme, I intend to submit the Scheme to the Joint Oireachtas Committee on Health and Children for pre-legislative scrutiny. In addition, my Department will conduct a widespread consultation on the draft General Scheme during which stakeholders and members of the public will be invited to share their views.

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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530. To ask the Minister for Health if his Department has examined the possibility of funding In vitro fertilisation treatment through the public health system; and if he will make a statement on the matter. [15736/15]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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In February of this year I received Government approval to draft the General Scheme of a Bill for assisted human reproduction, which will include provisions relating to numerous different aspects from the beginning to the end of the assisted human reproduction process. However, I have already stated that it is currently not the case that the public funding of fertility treatments will be included as part of these provisions. While I would favour public funding of fertility treatments in principle there are many other pressing funding demands on the health service at this time.

Although in vitro fertilisation (IVF) treatment is not provided by the Irish public health service, there is some support available in that patients who access IVF treatment privately may claim tax relief on the costs involved under the tax relief for medical expenses scheme. In addition, a defined list of fertility medicines needed for fertility treatment is covered under the High Tech Scheme administered by the Health Service Executive (HSE). Medicines covered by the High Tech Scheme must be prescribed by a consultant/specialist and approved by the HSE ‘High Tech Liaison Officers’. The cost of the medicines is then covered, as appropriate, under the Medical Card or Drugs Payment Scheme.

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