Ivana Bacik (Dublin Bay South, Labour)
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1643.To ask the Minister for Health if Section 26C of the Children and Family Relationships (Amendment) Bill 2023 addresses the policy concerns regarding prospective non-clinical conception; if not, the reason for same; and if he will make a statement on the matter.[34073/24]

Stephen Donnelly (Wicklow, Fianna Fail)
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The Children and Family Relationships Act 2015 was commenced in May 2020, providing, for the first time in Ireland, legal recognition and pathways to parentage for same sex female couples.

At its core, the 2015 Act seeks to ensure the safety of donor assisted human reproduction (DAHR) procedures, provide absolute certainty as regards parentage for donor conceived children, and maintain a high level of protection for donor conceived children’s right to identity.

In order to achieve these aims, the 2015 Act requires that all DAHR procedures are undertaken in a DAHR facility. This is done through the regulation of those facilities, including through related legislation on, amongst other things, the safety standards applying to DAHR procedures.

In order to protect the right to identity of donor conceived children, the 2015 Act prohibits DAHR facilities from using anonymous gametes in DAHR procedures and places a legal obligation on DAHR facilities to report all DAHR procedures and live births arising from such procedures. The legislation ensures that all information regarding a donor conceived person is held on National Donor Conceived Persons Register so that they may access information on their genetic heritage in future years.

The 2015 Act further requires that, prior to a DAHR procedure being performed, consent forms have been signed by the intending parent(s) and donor, providing certainty as regards parentage of a donor conceived child from the point of a DAHR procedure.

Separately, all DAHR facilities operating in Ireland must be authorised by the Health Products Regulatory Authority and comply with the requirements established by S.I. No. 158/2006 – European Communities (Quality and Safety of Human Tissues and Cells) Regulations 2006, ensuring the safety of such procedures. In particular, all donated gametes used in DAHR procedures must be screened to ensure they meet the safety standards of the 2006 Regulation. DAHR facilities are also required to notify the Health Products Regulatory Authority of all serious adverse reactions or events arising from the use of donated gametes for example the transmission of a genetic disease. Where notified the HPRA can then notify other facilities who may hold gametes from the same donor.

The recently enacted Health (Assisted Human Reproduction) Act 2024 provides further safeguards as regards DAHR procedures, including a requirement that donors in Ireland undergo counselling prior to donating gametes, and limitations on the number of families which may use gametes from an individual donor. These requirements will similarly be based on the involvement and regulation of DAHR facilities.

Taking account of the main aims of the Children and Family Relationships Act 2015, it is the position of Department that a clinical setting is required to protect the health and interests of all parties involved in donor conception, and most importantly to safeguard the rights of children born through donor conception.

As the Deputy will be aware, however, through amendments to the Children and Family Relationships Act 2015, introduced as part of the Health (Assisted Human Reproduction) Act 2024, I have expanded the circumstances under which a declaration of parentage can be granted for intending parents who underwent a DAHR procedure prior to commencement of the 2015 Act.

Further amendments to the 2015 Act are planned. I propose to bring forward a supplementary bill to the Health (Assisted Human Reproduction) Act 2024 in the Dáil’s autumn legislative session to address some outstanding issues. Subject to further consultation with and legal advice from the Office of the Attorney General and Government approval the supplementary Bill will provide clarity for Irish residents undertaking DAHR procedures abroad and will include provisions for Irish citizens domiciled abroad who have undergone surrogacy or DAHR procedure abroad.