Paul Murphy (Dublin South West, Solidarity)
Link to this: Individually | In context | Oireachtas source

605. To ask the Minister for Health if he will report on the progress of the assisted human reproduction Bill, in particular in relation to areas (details supplied); when he plans to come before Dáil Éireann to report on this progress in line with the commitment made in Dáil Éireann on 11 July 2018; and if he will make a statement on the matter. [45110/18]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As you will be aware, the Government approved the drafting of a Bill on assisted human reproduction (AHR) and associated areas of research in October last year. The General Scheme is published on my Department’s website. The Joint Committee on Health is currently conducting a review of the General Scheme of the Assisted Human Reproduction Bill 2017 as part of the pre-legislative scrutiny process, which began in January of this year. The review is on-going and the Committee intends to publish its report early in 2019.

The introduction of legislation in relation to AHR and associated research is a priority for me and the process of drafting this Bill will be completed in conjunction with the Office of the Attorney General. However, it is not possible at this time to give a definitive timeline for the completion of the draft Bill and its subsequent passage through the Houses of the Oireachtas.

The specific provisions relating to surrogacy are outlined in Part 6 of the General Scheme. These provisions outline the specific conditions under which surrogacy in Ireland will be permitted, including a requirement for all surrogacy agreements to be pre-authorised by the AHR Regulatory Authority. The Scheme also sets out a court-based mechanism through which the parentage of a child born through surrogacy may be transferred from the surrogate (and her husband, if applicable) to the intending parent(s).

Under the AHR Bill AHR services will be made available to people irrespective of gender, marital status or sexual orientation on the basis of equality and non-discrimination. The aim of the AHR legislation is to 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. Consideration of the welfare and best interests of children born through AHR is a key principle underpinning the Scheme.

The Children and Family Relationships (Amendment) Bill 2018 was enacted on 24 July 2018. This Act was introduced to correct typographical and technical errors in the Children and Family Relationships Act 2015, which will facilitate the subsequent commencement of Parts 2 and 3 of the Act. Parts 2 and 3 of the Children and Family Relationships Act deal with the regulation of donor-assisted human reproduction (DAHR) procedures carried out in the State, and with the rights of children born as a result of those procedures. Parts 2 & 3 of the Act will also provide for the granting of a retrospective declaration of parentage in relation to a child born as a result of a DAHR procedure prior to the commencement of Parts 2& 3, subject to certain conditions.

A number of issues relating to areas that fall outside of provisions of Parts 2 and 3 of the Children and Family Relationships Act 2015 were raised during the debate on the Children and Family Relationships (Amendment) Act 2018. Officials from my Department are engaging with their colleagues in the Departments of Justice and Equality, Foreign Affairs and Trade, Employment Affairs and Social Protection, and Children and Youth Affairs, in relation to these issues and it is my intention to give a substantial update on these issues once this process of engagement has been concluded.