Seán Haughey (Dublin Bay North, Fianna Fail)
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783. To ask the Minister for Health his plans to introduce legislation for assisted human reproduction with particular reference to surrogacy; and if he will make a statement on the matter. [46608/21]

Seán Haughey (Dublin Bay North, Fianna Fail)
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805. To ask the Minister for Health if his proposed legislation for assisted human reproduction will deal with the issues of legal guardianship, single fathers, recognition of domestic and international surrogacy, retrospective parentage and social welfare entitlements; and if he will make a statement on the matter. [46670/21]

Stephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 783 and 805 together.

As the Deputy will be aware, drafting of a bill on assisted human reproduction (AHR) and associated areas of research is ongoing by officials in my Department, in conjunction with the Office of the Attorney General. This comprehensive and far-reaching piece of legislation encompasses the regulation, for the first time in Ireland, of a wide range of practices, including domestic altruistic surrogacy, as well as: gamete (sperm or egg) and embryo donation for AHR and research; pre-implantation genetic diagnosis (PGD) of embryos; posthumous assisted reproduction; and embryo and stem cell research. The legislation also provides for the establishment of an independent regulatory authority for AHR.

The surrogacy 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 new AHR Regulatory Authority. The legislation 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).

The draft Bill does not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions. As issues relating to international surrogacy concern areas of law that intersect across the remits of several Government Departments, my Department is engaging with the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth in respect of this policy area.

I can assure the Deputy that publication of this legislation is a priority for my Department and the Government, and a commitment to enact this legislation is included in the Programme for Government, “Our Shared Future”. Officials in my Department and the Office of the Attorney General continue to prioritise the drafting of this complex legislation and will engage intensively over the next few months to finalise the Bill. Subject to certain criteria being met, AHR treatment will be available to people irrespective of gender, marital status or sexual orientation. Overall, the provisions outlined within the Bill will ensure that AHR practices and related areas of research are conducted in a more consistent and standardised way and with the necessary oversight.

The Children and Family Relationships Act 2015 (the Act of 2015) reforms and updates family law to address the needs of children living in diverse family types. The Minister for Health is responsible for Parts 2 & 3 of the Act of 2015 and these Parts commenced on 4 May 2020. Parts 2 & 3 deal with the issue of donor-assisted human reproduction.

Subject to certain conditions, the provisions of Parts 2 & 3 of the Act of 2015 provide for the parentage of donor-conceived children born after the commencement of Parts 2 & 3 and retrospective declarations of parentage for donor-conceived children born prior to the commencement of Parts 2 & 3.

On a broad level, issues related to legal guardianship – including responsibility for the provisions of the Guardianship of Infants Act 1964 – come under the remit of the Minister for Justice. Specifically, section 6B of the Guardianship of Infants Act 1964, as inserted by the Act of 2015, provides for the guardianship of donor-conceived children to whom Parts 2 & 3 of the Act of 2015 apply.

Finally, matters concerning social welfare payments are the responsibility of the Minister of Social Protection.