Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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207. To ask the Minister for Health his plans to bring forward legislation regarding commercial surrogacy in the near future; and if he will make a statement on the matter. [14350/17]

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 by the end of June 2017. Once the General Scheme has been completed, a memo will be submitted for Government approval, and once approved by Government, the General Scheme will be submitted to the Joint Oireachtas Committee on Health for pre-legislative scrutiny.

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. 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.

The intention of the legislation in this area is to protect, promote and ensure the health and safety of parents, others involved in the process (such as donors and surrogate mothers) and, most importantly, the children who will be born as a result of AHR.

It is envisaged that, under the provisions relating to surrogacy in the General Scheme of AHR and associated research, surrogacy will be permitted on an altruistic basis, though, the reimbursement of reasonable expenses will be allowed. However, due to the concerns raised in relation to the welfare of the children, the potential for financial coercion and the risk of the exploitation of financially vulnerable women, commercial surrogacy will be prohibited.