Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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298. To ask the Minister for Employment Affairs and Social Protection if he will review the case of a person (details supplied) and advise on the supports available. [22593/25]

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, Disability and Equality.

Maternity Leave and Benefit are provided for under the Maternity Protection Act 1994 and 2004. Under the provisions of this legislation, Maternity Leave and Benefit is only payable to the birth mother of a child who meets the relevant conditions and produces a medical or other appropriate certificate confirming their pregnancy and specifying the expected week of confinement. Surrogacy is not recognised under the Maternity Protection Act 1994 and 2004, and as such Maternity Benefit is not currently payable to intended parents through surrogacy.

Paternity Leave and Benefit are provided for under the Paternity Leave and Benefit Act of 2016. Under this legislation, Paternity Leave and Benefit is payable to relevant parents who meet the relevant conditions and are on Paternity Leave from their employment.

The father of a child born via surrogacy would be considered a relevant parent under the Paternity Leave and Benefit Act of 2016 and may have an entitlement to two weeks Paternity Leave and Benefit if they fulfil the relevant conditions and are on Paternity Leave from their employment. The father of a child born via surrogacy may therefore be entitled to two weeks of Paternity Leave and Benefit, currently paid at €289 per week, provided he fulfills the eligibility criteria.

Parent’s Leave and Benefit are governed by the Parent’s Leave and Benefit Act 2019. This legislation allows for nine weeks of leave and benefit, currently paid at €289 per week. Both intended parents of a child born through surrogacy may qualify as relevant parents under this act and may be entitled to claim Parent’s Leave and Benefit, if eligible.

Neither Maternity Benefit or Adoptive Benefit is payable to individuals who are not covered under the Maternity Protection Act 1994 and 2004 or the Adoptive Leave Act 1995 and 2005, respectively. Therefore, individuals who become parents via surrogacy are currently not entitled to claim Maternity or Adoptive Benefit unless changes are made to the governing legislation which is a matter for my colleague, the Minister for Children, Disability and Equality.

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. This is a pre-requisite to the introduction of surrogacy leave and benefit.

I trust this clarifies the position.