Jennifer Whitmore (Wicklow, Social Democrats)
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576. To ask the Tánaiste and Minister for Justice and Equality what position Ireland has taken at a European Council level on the European Commission proposals for new rules for the mutual recognition of parenthood between member states; and if he will make a statement on the matter. [15004/23]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy is aware, the European Commission published in December 2022 a proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood. The proposal seeks to ensure that parenthood established in a Member State is recognised in all other Member States.

The legal basis for the proposed Regulation is Article 81(3) of the Treaty on the Functioning of the European Union (TFEU), which provides for a special legislative procedure for judicial co-operation in family law matters. An opt-in under Protocol 21 to TFEU on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice is required for Ireland to participate in the proposed Regulation. The approval of both Houses of the Oireachtas under Article 29.4.7° of the Constitution is required for Ireland to opt in to a measure under Protocol 21.

My Department consulted with the Department of Health, the Department of Children, Equality, Disability, Integration and Youth, the Department of Social Protection, and the Department of Foreign Affairs, and sought legal advice from the Office of the Attorney General on the proposed Regulation.

The principal issues of concern in relation to the proposed Regulation are the risk of undermining Government policy on surrogacy and donor assisted human-reproduction (DAHR), and existing and proposed legislation in these areas. Particular concerns are the protections existing, and to be provided for, in Irish law for the rights and welfare of children born through surrogacy or DAHR, including the rights of children to have access to information on their genetic origins; and the rights and welfare of surrogate mothers and other parties involved in international surrogacy or DAHR arrangements.

Having considered these concerns, and in light of the interdepartmental consultation and advice of the AGO, I advised Government on 7 March that I had decided not to exercise, on behalf of Ireland, the option provided by Article 3 of Protocol 21 to notify the President of the Council of the European Union that Ireland wishes to take part in the adoption and application of the proposed Regulation.

In a case where Ireland does not opt in to a measure under Article 3 of Protocol 21, Ireland may participate in the negotiation of the measure, but may not vote on its adoption by the Council of the European Union, and is not bound by the measure once adopted.

My Department will continue to participate actively in the negotiations on the proposed Regulation.

I will keep under ongoing review, in consultation with other Ministers, the question of opting into the proposed Regulation after its adoption, as provided by Article 4 of Protocol 21, having regard to developments in Irish policy and law in the areas of parentage arising from international surrogacy and donor-assisted human reproduction.