Written answers

Tuesday, 28 March 2023

Department of Health

Assisted Human Reproduction

Photo of Ivana BacikIvana Bacik (Dublin Bay South, Labour)
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718. To ask the Minister for Health if he will clarify whether retrospective declarations of parentage can be dealt with prior to the establishment of an Assisted Human Reproduction Regulator under the provisions of the Health (Assisted Human Reproduction) Bill 2022; and if he will make a statement on the matter. [15260/23]

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 was introduced to, and passed Second Stage in, the Dáil in March 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) practices undertaken within the jurisdiction. The provisions contained therein will ensure that such practices and related areas of research are conducted in a more consistent and standardised way, and with the necessary oversight, but it is specifically the proposed establishment of the Assisted Human Reproduction Regulatory Authority which is of central importance in this regard.

Following the approval in mid-December 2022 by the Government of the policy approach in respect of both the regulation of international surrogacy and the recognition of certain past surrogacy arrangements (domestic and international) the formal drafting process by the Office of the Parliamentary Counsel, in conjunction with the three relevant Departments (the Department of Health, the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth), as appropriate, is well underway. These new provisions will need to be approved by Government following the completion of this process.

The process of drafting these new provisions is being undertaken in tandem with the drafting of potentially substantial proposed amendments to the 11 Parts and 134 pages of the published Bill. It is intended that the new Parts dealing with international surrogacy as well as recognition of certain past surrogacy arrangements will be introduced at Committee Stage.

As the Deputy will appreciate,?I am not in a position at this juncture to provide specific detail in respect of the proposed process for the recognition of certain past surrogacy arrangements (domestic and international). However, I wish to reiterate my commitment to ensure both that the goal of providing for a route to formal recognition by the State of past surrogacy arrangements or surrogacy arrangements in other jurisdictions is achieved and that a robust regulatory framework for AHR more broadly is put in place, as quickly as possible.

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