Written answers

Wednesday, 14 September 2022

Department of Health

Assisted Human Reproduction

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent)
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465. To ask the Minister for Health when legislation will be published dealing with international surrogacy; and if he will make a statement on the matter. [44398/22]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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As the Deputy will be aware, the Health (Assisted Human Reproduction) Bill 2022 (AHR Bill) passed Second Stage in the Dáil on March 23rd 2022 and has been referred to the Select Committee on Health for Third Stage.

The focus of this Bill is on the regulation, for the first time in this country, of a wide range of assisted human reproduction (AHR) undertaken in this jurisdiction exclusively, and particularly those carried out by the private fertility clinics operating here. I wish to progress this much-needed and long-awaited piece of historic legislation as quickly as possible to ensure that a robust regulatory framework for AHR is in place.

The published Bill does not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions. International surrogacy raises complex ethical questions concerning areas of law that intersect across the remits of several Government Departments and require detailed examination. The issues which arise from Irish people engaging in cross-border surrogacy primarily relate to parentage, guardianship, citizenship and, potentially, adoption.

Following the publication of the Special Oireachtas Joint Committee on International Surrogacy's report the Department of Justice, the Department of Children, Equality, Disability, Integration and Youth and my Department are reviewing its recommendations along with other relevant matters with a view to determining an appropriate policy position. This detailed consideration is ongoing. It is important that the relevant Departments complete a robust and thorough examination of the issues, including those in the Committee’s report, given the range of complexities involved and the rights of the various parties involved in surrogacy arrangements.

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