Peter Burke (Longford-Westmeath, Fine Gael)
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430. To ask the Minister for Health when legislation is due on the matter of surrogacy; the timeframe for the implementation of the planned legislation; and the conditions for surrogacy in which the child is being brought into the State; and if he will make a statement on the matter. [39547/16]

Simon Harris (Wicklow, Fine Gael)
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Officials in my Department are currently drafting the General Scheme of legislative provisions on assisted human reproduction (AHR) and associated research, which will include provisions relating to surrogacy. It is envisaged that the General Scheme will be completed in 2017. Once the General Scheme has been completed, and has been approved by Government, I intend to submit it to the Joint Oireachtas Committee on Health and Children for pre-legislative scrutiny. It is not possible to give a definitive timeframe for the completion of the draft Bill and its subsequent passage through the Houses of the Oireachtas.

The proposed legislation will take cognisance of the 2014 Supreme Court judgment in the MR and Anor v An tArd Chláraitheoir & Ors (surrogacy) case, which found that the birth mother, rather than the genetic mother, is the legal mother. It is envisaged that the legislation will establish a mechanism for transfer of parentage from the surrogate (and her husband, if she has one) to the intending parents.

In relation to the issue of Irish citizens engaging in surrogacy outside of the State, a guidance document was published on this matter in February 2012 by the Minister for Justice, Equality and Defence. This guidance document is entitled "Citizenship, parentage, guardianship and travel document issues in relation to children born as a result of surrogacy arrangements entered into outside the State". The guidance document provides information to people who intend to enter surrogacy arrangements outside the State on the practical and legal considerations arising under Irish law where the intending parents intend to bring the child to live with them in the State.