Seán Fleming (Laois, Fianna Fail)
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26. To ask the Minister for Foreign Affairs and Trade if he will support the reinstatement of DNA testing in Ireland for intending parents, following surrogacy treatment abroad, on their return home; and if he will make a statement on the matter. [44695/25]

Simon Harris (Wicklow, Fine Gael)
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The Department of Justice, Home Affairs and Migration has issued guidance as to the principles that will be applied by Irish authorities when considering (i) whether a child is an Irish citizen, and (ii) who the child's legal parents and guardians are, for the purposes of dealing with applications for travel documents on behalf of children born outside the State as a result of surrogacy arrangements, including the requirement to receive evidence of a child's genetic link to the commissioning father before a travel document can issue. This guidance can be found here - https://assets.ireland.ie/documents/childrens-issues-surrogacy-guidance-document.pdf. 

It is a requirement that DNA testing takes place in the country of birth before a travel document can be issued to a child born through a surrogacy arrangement. This process confirms that the Irish commissioning father has a genetic relationship to the child and helps safeguard the best interests of the child, while preventing the unlawful movement of children across international borders.

In response to the invasion in Ukraine, the Department temporarily suspended the requirements for in-country DNA testing for surrogacy cases there in order to assist families, who had entered into surrogacy arrangements before the outbreak of the war, to exit the country. 

Since that time, the Department has undertaken extensive engagement with intending parents, legal representatives and advocacy groups continuing to strongly advise against commissioning surrogacy arrangements in Ukraine and travel to Ukraine for any reason.

On 01 January 2025, Department reinstated in-country DNA testing in Ukraine in line with Department of Justice, Home Affairs and Migration guidance. While the process for issuing travel documents to children born through surrogacy in Ukraine is kept under review with a view to protecting our citizens and our staff on the ground.