Conor McGuinness (Waterford, Sinn Fein)
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736. To ask the Minister for Health why a transgender man and his wife are being treated as a same-sex couple for the purpose of fertility treatment; and if she will make a statement on the matter. [13604/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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As part of the final phase of the roll-out of the Model of Care for Fertility, referrals for publicly-funded, privately-provided assisted human reproduction (AHR) treatment commenced in September 2023. Criteria prospective patients should meet in order to access fully-funded AHR services were agreed by the Department and the HSE and subsequently approved by Government in July 2023. More details on public fertility services, including information on the publicly-funded AHR treatment initiative, are available from the HSE at: www2.hse.ie/conditions/fertility-problems-treatments/fertility-treatment/

Over 2,000 couples have been referred to date by a Reproductive Specialist Consultant for AHR treatment – including IVF (in-vitro fertilisation), ICSI (intra-cytoplasmic sperm injection) and IUI (intrauterine insemination) – following extensive investigations and/or secondary level treatment within one of the six Regional Fertility Hubs located across the country. Furthermore, the Hubs have successfully and directly managed numerous of patients presenting with fertility-related issues who have been referred by their GP. Not all couples experiencing fertility challenges actually require such advanced and invasive interventions as IVF.

Given the complex regulatory and clinical issues to be addressed in respect of certain categories of AHR treatment, including donor-assisted treatment, public funding of certain AHR services have been of necessity commenced on a structured and phased basis. While some regulation regarding the provision of AHR services involving donor gametes is currently provided for, there are a number of important clinically relevant issues which will be addressed by the commencement of both the Health (Assisted Human Reproduction) Act 2024 and the Health (Assisted Human Reproduction) (Amendment) Bill, which is currently being drafted.

Regarding the type of case referred to in the Deputy’s question, I have been assured by the HSE that circumstances such as a prospective patient’s sexual orientation or gender identification have no bearing on the decision on whether a referral for specific AHR treatment is made . Rather, access to publicly-funded AHR treatment is assessed on relevant clinical factors, including whether the couple in question require the use of donated material. For those prospective patients who need to use donated gametes, their ineligibility for the public pathway is based solely on that requirement.

Decisions in respect of any proposed changes to the access criteria and/or the range of services provided through the publicly-funded scheme require further extensive consultation between Department of Health officials, colleagues in the HSE and also with relevant specialists in the field of reproductive medicine.

I want to reassure the Deputy that my Department and the Government are focused, through the full implementation of the Model of Care for Fertility, on ensuring that patients receive care at the appropriate level of clinical intervention and then those requiring, and eligible for, advanced AHR treatment such as IVF will be able to access same through the public health system.