Grace Boland (Dublin Fingal West, Fine Gael)
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1133. To ask the Minister for Health for an update on her plans to commence each section of the Health (Assisted Human Reproduction) Act 2024; and if she will make a statement on the matter. [24072/25]

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 establishment of the Assisted Human Reproduction Regulatory Authority (AHRRA), as provided for in the legislation, is a key aspect required for the effective regulation of this sector.

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 (‘retrospective surrogacy’ provisions).

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, including in respect of the ‘retrospective surrogacy’ provisions – 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.

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 AHRRA. It should be emphasised that the AHR legislation will provide 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.

While the importance of ensuring that parentage can be recognised in a wide set of circumstances is acknowledged, it is understood that the parental status of those named on a foreign birth certificate may in effect be accepted by public or State bodies in a number of instances, even prior to the commencement of the relevant ‘retrospective surrogacy’ provisions.

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 both continue to advance this much-needed legislation and set up the regulatory authority as soon as practicable.