Neale Richmond (Dublin Rathdown, Fine Gael)
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473. To ask the Minister for Children, Equality, Disability, Integration and Youth if he considered a report (details supplied); if he has taken action in response to the report to ensure that children born through assisted human reproduction have their rights ensured; and if he will make a statement on the matter. [29141/21]

Roderic O'Gorman (Dublin West, Green Party)
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The Special Rapporteur on Child Protection reviews and reports to Government on specific national and international legal developments, existing or proposed legislative provisions and litigation in the area of child protection on the request of the Minister for Children, Equality, Disability, Integration and Youth.

A review of children’s rights and best interests in the context of parentage in cases of donor-assisted human reproduction, including surrogacy, was assigned to the Special Rapporteur as a priority project in June 2020 by the then Minister for Children and Youth Affairs. The project was assigned following a request from the Department of Health and consultation with relevant Departments. A review of how children’s rights and best interests can be protected in the context of the recognition of parentage in cases of assisted human reproduction and surrogacy is a commitment in the Programme for Government.

The Special Rapporteur submitted his report, A Review of Children’s Rights and Best Interests in the Context of Donor-Assisted Human Reproduction (DAHR) and Surrogacy in Irish Law to me in December 2020 and Cabinet approved the publication and presentation to each House of the Oireachtas of the report in March 2021. The report analyses the law governing parentage and the right to identity in DAHR and surrogacy from the best interests of the child principle. The recommendations in the report are primarily for the Department of Health to lead on with input from the Department of Justice.

The Department of Health has responsibility for drafting legislation in the area of assisted human reproduction. However, the issues involved cross a number of Departments, including the Department of Justice and my own Department. I continue to engage with my Cabinet colleagues on this issue, and seek to ensure that any legislation in the area vindicates the rights and best interests of the child.