Carol Nolan (Offaly, Independent)
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1329. To ask the Minister for Health to clarify if the Assisted Human Reproduction Bill 2024 which includes provisions to allow domestic and international surrogacy is being reconsidered in light of concerns regarding the potential for human trafficking and to ensure that any proposed Irish law in this area is in line with EU obligations; and if she will make a statement on the matter. [29212/25]

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.

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).

As well as the extensive scrutiny of the provisions of the Act carried out by the Oireachtas, the three relevant Departments – Health, Justice and Children – in developing the policy and provisions of the Act on the matter of international surrogacy, engaged with other relevant Units within their Departments, other relevant Departments and stakeholders and, of course, the Office of the Attorney General, including on ensuring that the Act provides appropriate safeguards against the potential exploitation of surrogate mothers.

The issues raised by the Irish Human Rights and Equality Commission have been acknowledged and considered. However, the three relevant Departments are not of the view that the AHR legislation contravenes the requirements of the EU anti-human trafficking directives. The three Departments are also not aware of any concerns raised by the EU Commission in respect of the provisions of the Health (Assisted Human Reproduction) Act 2024 and the recast EU Trafficking Directive. My officials have been informed by colleagues in the Department of Justice, Home Affairs and Migration that that Department is developing provisions necessary to fully transpose Directive 2024/1712 amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims (the recast Directive on trafficking). This process includes consideration of existing legislation in order to maintain the integrity of the law while ensuring that the Directive will be transposed appropriately in line with EU obligations.

Through the regulation of both international and domestic surrogacy, the 2024 Act guards against the trafficking of women for the purpose of exploitation through surrogacy. This will be ensured, in the first place, by the criteria used by the AHRRA to approve surrogacy jurisdictions. This will include consideration of the laws regarding surrogacy in the jurisdiction, the regulation and oversight of those involved in the provision of services related to surrogacy, and the rights of surrogate mothers, including the extent to which they are enforced.

Consideration will also be given to the ability of the AHRRA to monitor compliance with the provisions of the AHR Act in that jurisdiction. This goal will also be achieved by the ban on commercial surrogacy, which will reduce any financial incentive to trafficking for the purpose of exploitation through surrogacy. Similarly, there are controls in place as regards the payments to intermediaries.

Separately, it will be necessary for the surrogate mother to receive appropriate information and independent legal advice prior to entering a surrogacy agreement. Finally, there will be a residency requirement of two years in the surrogacy jurisdiction before a woman can act as a surrogate mother.

Combined, these measures provide robust protections and safeguards against the possible exploitation of surrogate mothers.

The Deputy may also be aware that formal drafting of a second Bill, the Health (Assisted Human Reproduction) (Amendment) Bill, is at an advanced stage. Intensive work is ongoing in relation to the commencement of all the provisions in the complete 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.