Written answers
Tuesday, 11 February 2025
Department of Health
Assisted Human Reproduction
Roderic O'Gorman (Dublin West, Green Party)
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708. To ask the Minister for Health if her Department still plans to bring forward legislation to amend the Health (Assisted Human Reproduction) Act 2024; the elements of the Act that the Bill will amend; when she expects the Bill to get Cabinet approval and be introduced in Dáil Éireann at second stage; and if she will make a statement on the matter. [4829/25]
Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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As the Deputy is aware, the Health (Assisted Human Reproduction) Act 2024 was signed into law by the President on July 2nd 2024, having passed all stages in both Houses of the Oireachtas.
The primary purpose of this complex and far-reaching legislation is to regulate fertility clinics providing treatment such as IVF (in-vitro fertilisation), ICSI (intra-cytoplasmic sperm injection) and IUI (intrauterine insemination) and ensure that assisted human reproduction (AHR) practices and related areas of research are conducted in a more consistent and standardised way and with the necessary oversight. Therefore, the AHR Act 2024 encompasses the regulation for the first time of a wide range of practices undertaken in Ireland, including: the use and donation of gametes and embryos for AHR and research; pre-implantation genetic testing (PGT) of embryos; posthumous assisted human reproduction; and embryo and stem cell research.
The AHR Bill as initially published also included provisions in respect of domestic altruistic surrogacy. However, the final AHR Act 2024 also includes substantive new provisions in respect of the regulation of future surrogacy arrangements undertaken by Irish residents in other jurisdictions and the recognition of parentage arising from certain past domestic and international surrogacy arrangements.
The Deputy will recall, having been party to policy decisions and several relevant Memoranda to Government, that while the AHR Act 2024 was progressing through the Houses of Oireachtas, issues were identified which required further consideration and consultation with the Office of the Attorney General.
Formal drafting of the Health (Assisted Human Reproduction) (Amendment) Bill – which is largely concerned with outstanding issues of parentage and citizenship – is well underway, led by the Office of Parliamentary Counsel, in conjunction with officials in my Department, and those of my colleagues, Minister Jim O'Callaghan and Minister Norma Foley.
The Deputy will appreciate that while the drafting process is still ongoing, a defined list of amendments to the AHR Act 2024 cannot be provided. However, I can confirm that, among other proposed amendments, a number of the proposed amendments to the AHR Act 2024 relate to ‘technical’ issues and seek to ensure consistency between related provisions in different Parts of the AHR Act 2024 and also between those provisions and corresponding provisions in the Children and Family Relationships Act 2015.
Also, the Deputy will understand that a definitive timeline for the Health (Assisted Human Reproduction) (Amendment) Bill to be brought to Cabinet for approval of being introduced to the Dáil cannot be given at this stage. However, I can assure the Deputy that I wish to progress this much-needed legislation as soon as practicable fundamentally so that a robust regulatory framework for AHR in this country is put in place.
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