Written answers
Tuesday, 8 July 2025
Department of Health
Assisted Human Reproduction
Cian O'Callaghan (Dublin Bay North, Social Democrats)
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768. To ask the Minister for Health if she will ensure that all LGBTQ+ families are provided with legal recognition where the Health (Assisted Human Reproduction) Act 2024 is currently failing (details supplied); the actions being taken to include more families in the legislation; if she has engaged with key groups on this issue; and if she will make a statement on the matter. [37168/25]
Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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818. To ask the Minister for Health if she will update the assisted human reproduction legislation to reflect the concerns raised by an individual (details supplied). [37446/25]
Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I propose to take Questions Nos. 768 and 818 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. 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.
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 – 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.
I have recently met with relevant stakeholder groups in relation to the AHR legislation, including those advocating on behalf of the LGBTQ+ community, and am well aware of the various issues which they have raised. Also, my officials have been engaging constructively with the Oireachtas Joint Committee on Health specifically on the AHR Amendment Bill.
The Deputy will appreciate that at this point I cannot provide very specific details on the provisions which may form part of the published AHR Amendment Bill following the finalisation of the text in agreement with the Office of the Attorney General and its approval by Government. However, I can absolutely assure him that commencing this much-needed legislation in its totality is a priority for Government and for me personally, and we will continue to work to achieve this as soon as practicable.
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