Barry Heneghan (Dublin Bay North, Independent)
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238. To ask the Minister for Health if she will provide an update on the progress of the Health (Assisted Human Reproduction) Bill 2022, including the establishment of the Assisted Human Reproduction Regulatory Authority, and the regulation of domestic and international surrogacy arrangements; if she will outline the expected timeline for the remaining legislative stages and implementation of the Bill; and if she will make a statement on the matter. [36310/25]

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 vital 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 (‘historic 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 ‘historic surrogacy’ provisions – 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.

At one point the possibility of commencing certain sections of the AHR Act 2024 (in relation to the ‘retrospective surrogacy’ provisions) was being explored. However, it was subsequently agreed that it was more practical and legally pragmatic to commence all the surrogacy provisions concurrently. I recently met with relevant advocacy groups and advised them of the position.

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

Intensive work is ongoing in relation to the commencement of all the provisions in the AHR legislation in its totality, 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.

The Deputy will appreciate that at this point I cannot give a definitive timeline for the commencement of the AHR legislation in its totality; however, I can absolutely assure him that this is a priority for Government and for me personally, and we will continue to advance this much-needed legislation and set up the regulatory authority as soon as practicable.