Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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565. To ask the Minister for Health the provisions that are in place to provide joint parental rights for children conceived by same-sex couples in a non-clinical setting; the legislative reforms are planned; and if he will make a statement on the matter. [56515/22]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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566. To ask the Minister for Health the provisions that are in place to provide joint parental rights for children conceived by same-sex couples using a known donor prior to May 2020; the legislative reforms that are planned; and if he will make a statement on the matter. [56516/22]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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567. To ask the Minister for Health the provisions that are in place to provide joint parental rights for children of same-sex female couples conceived or born outside of Ireland; the legislative reforms that are planned; and if he will make a statement on the matter. [56517/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 565 to 567, inclusive, together.

Parts 2 and 3 of the Children and Family Relationships Act 2015 provide a legal framework for donor-assisted human reproduction (DAHR), including the legal parentage of children born in the State as a result of DAHR procedures. Parts 2 and 3 came into operation on 4 May 2020.

For DAHR procedures which take place after 4 May 2020, the provisions of the Act require consent to be signed by the intending parent or parents and the donor or donors prior to a DAHR procedure taking place in a clinical setting in the State. These consent forms concern parentage of any child born through a DAHR procedure in the State and further ensure that information on the identity of the donor(s) is recorded in the National Donor Conceived Person Register. This enables the State to vindicate the rights of donor-conceived persons to information about their genetic identity.

The Children and Family Relationships Act 2015 does not cover DAHR procedures that take place abroad or in a non-clinical setting as it is not possible to ensure that such DAHR procedures have adhered to the requirements of the Act, particularly in relation to donor conceived children's right to know their genetic heritage.

There are provisions in Sections 21-23 of the Act of 2015 which entitle parents of children born in the State as a result of a DAHR procedure performed before the Act commenced in May 2020 to apply to the Courts for legal recognition of their parental status. The DAHR procedure must have been carried out in a DAHR facility in Ireland or abroad. While the retrospective provisions regarding parentage may apply where the donor is anonymous, known donors are not permitted retrospectively.

The conditions to be met for retrospective declaration of parentage include that the intending parent was the intending parent at the time of conception and that nobody other than the mother and the intending parent is recorded as a parent on the birth register.

Finally as the Deputy may be aware the Health (Assisted Human Reproduction) Bill 2022 was published and passed second Stage in the Dáil in March 2022. Also, in July the Government established an Inter-Departmental Group which will shortly report on matters relating, primarily but not exclusively, to international surrogacy. Issues which arise from the recommendations of that group will be further examined in the context of both existing legislation and the ongoing progression of the AHR Bill through the Oireachtas, as required.