Written answers

Tuesday, 29 July 2025

Department of Health

Assisted Human Reproduction

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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2847. To ask the Minister for Health for the timeline regarding when the Assisted Human Reproduction Regulatory Authority will be fully operational; the staff appointed to date in 2025; if a budget line will be provided for it in Budget 2026; and if she will make a statement on the matter. [42384/25]

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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The Health (Assisted Human Reproduction) Act 2024 was signed into law by the President on 2 July 2024. 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 Act 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. 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. Even when it has been formally established, it will be some time before the AHRRA will be fully operational as it will be responsible for a considerable number of very complex functions.

A campaign inviting applications from candidates seeking positions on the Board of the AHRRA closed recently and an assessment and appointment process is ongoing. It is my intention to finalise appointment of a Board as soon as possible. Section 137 of the Act provides that it is a matter for the Board to appoint a person to be the chief executive officer (CEO) of the AHRRA. My Department has engaged with PublicJobs and a campaign for the CEO post in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 is underway. It is also a function of the Board, under section 145 of the Act, to appoint persons to be employees of the AHRRA. It is my expectation that the Board, once formally constituted and appointed, will prioritise the recruitment and appointment of staff, including the CEO.

An appropriate budget allocation will be provided for the AHRRA in 2026. I can assure the Deputy that I wish to continue to advance this much-needed legislation and set up the regulatory authority as soon as practicable.

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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2848. To ask the Minister for Health for a timeline on the Health (Assisted Human Reproduction) (Amendment) Bill; when does she expect to bring heads of bill to Cabinet; and if there will be a pre-legislative scrutiny process; and if she will make a statement on the matter. [42385/25]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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2850. To ask the Minister for Health if she intends to engage with and meet groups representing parents and families of children conceived through surrogacy and assisted human reproduction, as part of the drafting process on the Health (Assisted Human Reproduction) (Amendment) Bill; and if she will make a statement on the matter. [42387/25]

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I propose to take Questions Nos. 2848 and 2850 together.

The Health (Assisted Human Reproduction) Act 2024 was signed into law by the President in July 2024. This Act provides for the regulation of the assisted human reproduction sector in this country for the first time, while also including provisions in respect of domestic and international surrogacy.

While the Health (Assisted Human Reproduction) Act 2024 was progressing through the Houses of the Oireachtas, issues were identified which required further consideration and consultation with the Office of the Attorney General.

In October 2024 the Government approved the drafting of a Bill, the Health (Assisted Human Reproduction) (Amendment) Bill to legislate for these issues, as well as making other necessary changes to the Health (Assisted Human Reproduction) Act 2024.

Formal drafting of the Health (Assisted Human Reproduction) (Amendment) Bill 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.

As part of this process, officials in my Department have had ongoing engagement with the Oireachtas Joint Committee on Health in relation to the Bill. The Chair and members of the Committee attended a recent technical briefing held in my Department at which information and context for the legislative provisions in the amending Bill was provided to the Committee by my officials and officials from the other relevant Departments. My Department and I will continue to engage with the Committee.

Work on the Bill is very much a priority and will continue with a view to submitting to Cabinet as soon as is practicable.

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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2849. To ask the Minister for Health for a timeline regarding the commencement of S.232 of the Health (Assisted Human Reproduction) Act 2024; have Court rules been changed to accommodate this new provision; are there any legal barriers to its commencement; and if she will make a statement on the matter. [42386/25]

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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Section 232 of the Health (Assisted Human Reproduction) Act 2024 will amend section 20 of the Children and Family Relationships Act 2015. This will allow for a declaration of parentage to be obtained in circumstances where a donor assisted human reproduction (DAHR) procedure did not take place in a clinical setting and in cases where a known donor was used, providing that the donor consents to the granting of the declaration. This will apply to DAHR procedures which have taken place prior to the commencement of the Children and Family Relationships Act 2015, i.e. prior to 4th May 2020.

As these amendments concern procedures before the District and Circuit Court, it is necessary that the relevant Rules of Court are updated to reflect the changes to be introduced and before section 232 of the 2024 Act can be commenced. Officials in my Department have been working with their colleagues in the Courts Service in the preparation of updated Rules of Court for the District and Circuit Courts.

It is planned that the updated Rules will be ready for consideration by the relevant rule Committees of the District and Circuit Courts at their next meetings, which will take place in September and October this year. Once these changes have been approved by the Committees, they will then need to be submitted for concurrence by the Minister for Justice. Following concurrence from that Minister, it will be possible to commence section 232 of the 2024 Act, which I intend to do as soon as is practicable.

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