Michael Healy-Rae (Kerry, Independent)
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750. To ask the Minister for Children, Disability and Equality the reason the recognition of parents who must avail of surrogacy is treated differently when it comes to maternity or adoptive leave; and if she will make a statement on the matter. [66279/25]

Norma Foley (Kerry, Fianna Fail)
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I wish to acknowledge the difficulties faced by couples pursuing surrogacy arrangements and reaffirm Government's commitment to recognising and supporting Irish families in all their diversity.

The Programme for Government 2025 - Securing Ireland's Future commits to introducing paid surrogacy leave and my officials are examining how best to implement this commitment. They are also engaging with officials from the Department of Social Protection as the Minister for Social Protection has responsibility for the payment of any associated benefits.

As the Deputy may be aware, the Minister for Health leads on the Health (Assisted Human Reproduction) Act 2024, which includes provisions in relation to surrogacy which have implications for the introduction of surrogacy leave, while policy on parentage is a matter for the Minister for Justice. It is not possible to finalise provisions in relation to surrogacy leave in advance of the commencement of that Act as it will determine who is to be recognise as a parent when a child is born through a surrogacy arrangement.

Decisions on the date of commencement of the 2024 Act are matters for the Minister for Health. I can assure the Deputy that this Department will work closely with relevant Departments, once the 2024 Act has commenced, to progress proposals for surrogacy leave.

The Deputy may be interested to note that under the Parent’s Leave and Benefit Act 2019 (as amended), working parents are entitled to nine weeks of paid Parents' Leave for each relevant parent, to be taken in the first two years after the birth or adoptive placement of a child. Intending parents from a surrogacy agreement may be entitled to Parents’ Leave, depending on their circumstances. The father of a child born through surrogacy can qualify for Parents’ Leave if he is the biological father of the child and declared to be the parent of the child. In these circumstances, the father's partner may qualify for Parents’ Leave if they are married to, or in a civil partnership with, the child’s biological father, or have cohabited with the child’s biological father for over 3 years.

The father of a child born through surrogacy can also qualify for Paternity Leave if he is the biological father of the child and declared to be the father of the child. The leave entitlement is for two weeks, to be taken within six months of the child's birth.

Both the biological father and the other parent can qualify for 26 weeks each of unpaid Parental Leave if acting in loco parentis in respect of a child under 12.