Peter Cleere (Carlow-Kilkenny, Fianna Fail)
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392. To ask the Minister for Employment Affairs and Social Protection if he will make adoption benefit available to parents of children born from surrogacy in the interim period whilst waiting for legislation to be commenced; and if he will make a statement on the matter. [3947/25]

Dara Calleary (Mayo, Fianna Fail)
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My colleague the Minister for Health has lead responsibility for the Health (Assisted Human Reproduction) Act 2024. This complex and far-reaching legislation encompasses the regulation for the first time of a wide range of practices undertaken in this jurisdiction, including domestic altruistic surrogacy, but also provides for the regulation of future surrogacy arrangements undertaken by Irish residents in other jurisdictions. In addition, the legislation allows for the recognition of parentage arising from past domestic and international surrogacy arrangements.

My Department is responsible for the administration and payment of a range of benefits that support parents of newborn and young babies. Entitlement to these benefits follows on from employees having an entitlement to the corresponding leave. The legislation governing the different forms of leave is a matter for my colleague, the Minister for Children, Equality, Disability, Integration and Youth.

Adoptive Leave and Benefit are available to prospective adoptive parents who have been granted a Certificate of Placement or, in the case of a foreign adoption, have been granted a Declaration of Suitability from the Adoption Authority of Ireland and who meet certain Pay-Related Social Insurance conditions.

The Programme for Government includes a commitment to the introduction of paid surrogacy leave. Officials from my Department, the Department of Children, Equality, Disability, Integration and Youth; and the Department of Health are in discussions in relation to the possible implications arising from the surrogacy provisions in the Health (Assisted Human Reproduction) Act 2024.

I understand that work is ongoing in relation to the practical arrangements required to commence the Act, including in respect of further progressing the establishment of the Assisted Human Reproduction Regulatory Authority. The Authority will be responsible for the registration of parentage.

There are no plans to extended Adoptive Benefit to parents of children born through surrogacy in the interim period.

I trust this clarifies the position.