Written answers

Tuesday, 8 April 2025

Department of Health

Assisted Human Reproduction

Photo of Marie SherlockMarie Sherlock (Dublin Central, Labour)
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883. To ask the Minister for Health when it is intended to fully implement the Health (Assisted Human Reproduction) Act 2024; and if she will make a statement on the matter. [16655/25]

Photo of Ryan O'MearaRyan O'Meara (Tipperary North, Fianna Fail)
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945. To ask the Minister for Health if she will provide an update on her Department’s work to draft the Health (Assisted Human Reproduction) (Amendment) Bill, which will address issues relating to citizenship and parentage; and if she will make a statement on the matter. [16974/25]

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I propose to take Questions Nos. 883 and 945 together.

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.

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 but also seeks to make other necessary amendments to various sections of the AHR Act 2024 itself – 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. I expect to be able to present the Bill to the Dáil before the end of the summer legislative term.

Intensive work is ongoing in relation to the commencement of all the provisions in the AHR legislation, including in respect of further progressing the establishment of the Assisted Human Reproduction Regulatory Authority. It should be noted that the Act provides for the introduction, for the first time, of a new regulatory environment for a wide range of complex practices within Ireland and, indeed, in respect of surrogacy and donor-assisted human reproduction procedures, potentially even some undertaken in other jurisdictions. It is important that establishing a new state agency in this environment is done in a way that can allow it to operate effectively in order to deliver its statutory functions. It is my intention to establish the Authority as soon as practicable.

The Deputy will appreciate that at this point I cannot give a definitive timeline for the commencement of the complete AHR legislation; however, I can assure her that I wish to further progress this much-needed legislation as soon as practicable.

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