Written answers

Wednesday, 27 May 2020

Department of Health

Proposed Legislation

Photo of Alan FarrellAlan Farrell (Dublin Fingal, Fine Gael)
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584. To ask the Minister for Health the status of the assisted human reproduction Bill following recent reports highlighting the impact of Covid-19 on surrogate families and babies. [7801/20]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware, the Government approved the drafting of a bill on assisted human reproduction (AHR) and associated areas of research, based on the published General Scheme of the Assisted Human Reproduction Bill. This comprehensive piece of legislation encompasses the regulation of a range of practices for the first time, including altruistic domestic surrogacy. The General Scheme also provides for the establishment of an independent regulatory authority for AHR.

Drafting of the bill is ongoing in conjunction with the Office of the Attorney General. It is not possible at this time to give a definitive timeline for the publication of the Bill and its subsequent passage through the Houses of the Oireachtas. However, the Deputy should be aware that I consider the progression of this legislation to be a priority.

It should be noted that the provisions within the General Scheme do not include the regulation of Irish citizens involved in international commercial surrogacy agreements in other countries. The Department of Justice and Equality published a guidance document in 2012 on citizenship, parentage, guardianship and travel document issues in relation to children born as a result of surrogacy arrangements entered into outside the State. The purpose of this document is to provide information to prospective intending parents on the steps necessary to ensure that a child born abroad through a surrogacy arrangement may enter and reside in the State and to secure the best interests of the child. This guidance document is available on the website of the Department of Justice and Equality.

However, there are clearly additional challenges arising from the global travel restrictions currently imposed in response to the COVID-19 pandemic which can impact upon individuals who have engaged in international surrogacy. Issues relating to overseas travel are matters for the Minister for Foreign Affairs and Trade and I understand that his officials have been actively assisting and advising Irish citizens who find themselves, in the current circumstances, being prevented from, or experiencing difficulty in, travelling to and from this jurisdiction, and/or entering and exiting another jurisdiction.

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