John Lahart (Dublin South West, Fianna Fail)
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534. To ask the Minister for Health the way that children of same-sex couples who were conceived outside a donor assisted human reproduction facility can gain a full legal relationship with both of their parents; if the Health (Assisted Human Reproduction) Bill 2022 will amend the Children and Family Relationships Act 2015 to extend its application to donor-conceived children who have been conceived outside of a donor assisted human reproduction facility; and if he will make a statement on the matter. [60222/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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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.

The Health (Assisted Human Reproduction) Bill 2022 was published and passed second Stage in the Dáil in March 2022.  Following the publication of the Final Report of the Special Oireachtas Joint Committee on International Surrogacy, a working Inter-Departmental Group was established to review the Report’s recommendations, along with other relevant matters, with the aim of determining an agreed policy position and suitable next steps, in the form of a unified Policy Paper and legislative proposals. 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.