Written answers

Tuesday, 14 July 2020

Department of Health

Assisted Human Reproduction

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein)
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1297. To ask the Minister for Health his plans to ensure that same sex couples that received IUI and or IVF abroad will have full recognition of their parentage on birth certificates registered here; and if he will make a statement on the matter. [15948/20]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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Parts 2 and 3 of the Children and Family Relationships Act 2015 commenced on 4 May 2020.

This provides a legal framework for registering the births of children who are born in the State as a result of assisted human reproduction involving donated eggs or sperm or embryos. The Act applies to procedures where the woman who gives birth is also the intending mother of the child.

Commencement of Parts 2 and 3 of the 2015 Act entitles parents of children born in the State as a result of a donor-assisted reproduction procedure performed before the 4th of May to apply to the courts for legal recognition of their parental status.

The Deputy may wish to note that procedures which take place outside of a clinical setting or outside the State from May 4th, 2020 do not fall within the scope of the Act and regulations for parentage will not apply in these circumstances.

Surrogacy is not covered under this legislation. The forthcoming Assisted Human Reproduction Bill contains provisions for areas including domestic surrogacy and the subsequent assignment of parentage.

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