Carol Nolan (Offaly, Independent)
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739. To ask the Minister for Health if she is aware of recent remarks by the United Nations Special Rapporteur on Violence Against Women and Girls (details supplied), who formally spoke out against the practice of surrogacy at a UN General Assembly event; if she is aware of and will respond to the concerns outlined in the Special Rapporteurs report presented on 10 October 2025 before the UN General Assembly in which she calls for a global ban on all forms of surrogacy, warning that the practice is "characterized by exploitation and violence against women and children, including girls."; and if she will make a statement on the matter. [56554/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I note the recent surrogacy report of the United Nations (UN) Special Rapporteur on violence against women and girls, its causes and consequences. The report highlights some legitimate concerns arising from the undertaking of some surrogacy arrangements.

However, I disagree with the central recommendation of the report, which is that “all forms of surrogacy” should be prohibited.

Rather, the relevant established policies of this Government, and of previous Governments, are based on the principle that it is preferable to seek to regulate surrogacy rather than enforce a blanket ban. The aim is to provide for surrogacy which is ethical, altruistic and, most importantly, protects the health, safety and welfare of the two most vulnerable parties: the surrogate mother and the children born as a result of surrogacy. This broad policy position appears to have wide, if not near-unanimous, agreement across political parties and groupings in the Oireachtas, as demonstrated in the recommendations which emerged from the special Joint Committee on International Surrogacy and the cross-party support for the Health (Assisted Human Reproduction) Act 2024 as it successfully progressed through all stages in both of the Houses.

The 2024 Act was signed into law by the President in July 2024, but has not yet been commenced. The legislation includes ground-breaking provisions in respect of domestic and international surrogacy, as well as the recognition of parentage arising from certain past domestic and international surrogacy arrangements.

The surrogacy provisions in the AHR legislation looked to build upon and learn from the experiences of other States which have sought to regulate surrogacy. Drafting has been 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, with important legal input provided by the Office of the Attorney General. The new laws were also developed having taken into consideration the views and recommendations of a large number of national and international experts, such as the UN Special Rapporteur on the Sale and Sexual Exploitation of Children, the former Irish Special Rapporteur on Child Protection and the dedicated Oireachtas committee which was established specifically to examine the issue. In addition, adhering as much as possible to the Verona Principles – a set of policy and legislative guidelines produced by a group of experts in international law and human rights to ensure respect for the human rights of children born through surrogacy – has been a major factor during the legislative drafting process.

The key aspect underpinning the regulation of surrogacy is that, whether undertaken in Ireland or abroad, it will only be permitted first and foremost if the particular proposed arrangements have been approved by the new regulatory body (the Assisted Human Reproduction Regulatory Authority, or the AHRRA, for short) prior to the transfer of an embryo to the surrogate mother. The proposed surrogacy agreement will have to be undertaken in a jurisdiction which is included on a ‘Green List’ of approved surrogacy destinations which the AHRRA will draw up based on consideration of factors such as the laws regarding surrogacy in the jurisdiction, the regulation and oversight of those involved in the provision of services related to surrogacy, and the rights of surrogate mothers, including the extent to which they are enforced. The undertaking of surrogacy arrangements which have not been granted pre-conception approval by the AHRRA will constitute an offence, with potential penalties of imprisonment and/or a significant fine.

There is a large number of stringent criteria which all need to be met before the AHRRA will grant approval of a proposed surrogacy agreement. These requirements primarily seek to provide strong safeguards against the trafficking and exploitation of surrogate mothers and ensure the protection of the rights and welfare of any children born as a result of surrogacy.