Robert Troy (Longford-Westmeath, Fianna Fail)
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634. To ask the Minister for Health the current legislation relating to Irish citizens and their choice to use a surrogate internationally. [37251/15]

Leo Varadkar (Dublin West, Fine Gael)
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In February 2012, the Department of Justice and Equality published guidelines on citizenship, parentage, guardianship and travel document issues in relation to children born as a result of surrogacy arrangements entered into outside the State, where it is intended that the child and the intending parents will reside within the State.

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 surrogacy and the assignment of parentage in such cases. Drafting is ongoing and the General Scheme is not expected to be completed before the end of this year.

Under the proposed legislation commercial surrogacy will be prohibited, however, the reimbursement of defined reasonable expenses for surrogates will be permitted. There will also be a requirement for intending parents, and surrogates to have counselling and give their genuine and informed consent prior to the commencement of treatment. 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.