Jen Cummins (Dublin South Central, Social Democrats)
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779. To ask the Minister for Health the plans to address the legal entitlement of both parents to be on the birth certificate of a child born via surrogacy; and if she will make a statement on the matter. [33785/25]

Jen Cummins (Dublin South Central, Social Democrats)
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780. To ask the Minister for Health the plans to progress amending legislation that would give legal entitlement of both parents to be on the birth certificate of a child born via surrogacy; and if she will make a statement on the matter. [33786/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I propose to take Questions Nos. 779 and 780 together.

As the Deputy is aware, the Health (Assisted Human Reproduction) Act 2024 was signed into law by the President in July 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.

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 provisions related to past surrogacy arrangements – is at an advanced stage, led by the Office of Parliamentary Counsel, in conjunction with officials from my Department, the Department of Justice, Home Affairs and Migration, and the Department of Children, Disability and Equality.

The Deputy would be aware that the issuance of a birth certificate from the Register of Births is the responsibility of the General Register Office (GRO), which operates under the auspices of the Department of Social Protection.

The 2024 AHR Act provides for the amendment of the Civil Registration Act 2004 whereby, once a Parental Order is granted by the Courts in respect of a child born as a result of AHR treatment provided pursuant to a surrogacy agreement, the GRO is enabled to register the birth of such a child if he or she is born in the State on a new register, the Register of Parental Orders for Surrogacy, the establishment of which is also provided for in the 2024 AHR Act. Thereafter, the parents or guardians of the child concerned, or the child if he or she has reached the age of 16, may apply to be provided with a certified copy of an entry in this Register, and the production of such a certified copy will satisfy any requirement of law for the production of a certificate of birth.

Full commencement of the 2024 AHR Act will require a fully established and operational AHRRA being in place and the enactment of necessary amendments and additional provisions contained in the AHR Amendment Bill.

The Deputy will appreciate that at this point I cannot give a definitive timeline for the commencement of the AHR legislation in its totality but all efforts are continuing to advance this much-needed legislation, set up the regulatory authority, and provide a framework for the parentage of children born as a result of surrogacy to be fully recognised as soon as practicable.