Alan Kelly (Tipperary North, Labour)
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2771. To ask the Minister for Health when the Health (Assisted Human Reproduction) Act 2024 will finally be commenced. [24127/26]

Barry Heneghan (Dublin Bay North, Independent)
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2954. To ask the Minister for Health the current status of the proposed amending legislation to the Assisted Human Reproduction Bill; the specific timeline for its publication and enactment; the reasons for the continued delay given that drafting has previously been indicated as being at an advanced stage; the steps being taken to ensure timely progression of this legislation in light of its importance for families currently without legal clarity; and if she will make a statement on the matter. [24928/26]

Ryan O'Meara (Tipperary North, Fianna Fail)
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3329. To ask the Minister for Health for an update on the Assisted Human Reproduction Act 2024; the timeline for when it will be fully implemented; and if she will make a statement on the matter. [26882/26]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I propose to take Questions Nos. 2771, 2954 and 3329 together.

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 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 2024 Act encompasses the regulation for the first time of a wide range of practices undertaken in Ireland. The establishment of the Assisted Human Reproduction Regulatory Authority (AHRRA), as provided for in the legislation, is a vital component in the effective regulation of this sector.

The AHR Bill as initially published also included provisions in respect of domestic altruistic surrogacy. However, the final 2024 Act 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.

Prior to this, the Children and Family Relationships Act 2015 introduced a regulatory framework for the legal parentage for children born in Ireland as a result of a donor-assisted human reproduction (DAHR) procedure which takes place in an authorised Irish DAHR facility. This allows for the birth of a donor-conceived child to be registered as such by an tArd-Chláraitheoir (the Chief Registrar). This applies equally to single women, same-sex female couples and opposite-sex couples, when they have undertaken a DAHR procedure in full accordance with the 2015 Act. The 2015 Act also included provisions which allowed for the recognition of parentage in respect of DAHR procedures which were undertaken prior to the commencement of the Act.

While the 2024 Act was progressing through the Houses of Oireachtas, issues were identified which required further consideration and consultation with the Office of the Attorney General (AGO). The Health (Assisted Human Reproduction) (Amendment) Bill is largely concerned with outstanding issues of parentage and citizenship, but also seeks to make other necessary amendments to various other sections of the 2024 Act. Drafting is at an advanced stage, led by the Office of Parliamentary Counsel (OPC), along with officials from my Department, the Department of Justice, Home Affairs and Migration (DoJHAM), and the Department of Children, Disability and Equality.

The major remaining outstanding matters being finalised relate to issues regarding citizenship and the recognition of parentage arising from children born as a result of DAHR procedures or surrogacy undertaken by Irish citizens abroad. The completion of the drafting of provisions in this regard, which is being led by the DoJHAM, is being progressed having regard to the complex legal and policy issues involved. It is a legally intricate area which impinges on very important aspects of private international law, must take into account Court judgments on a number of relevant ongoing legal cases and requires significant levels of engagement with the AGO.

In that context, the Departments note both the difficulty internationally in securing bilateral or multilateral arrangements for mutual recognition of parental status and the absence of comparable comprehensive legislative frameworks in other jurisdictions. The Departments are therefore proceeding on the basis that a cautious and legally robust approach is required and will continue to progress the remaining issues as a priority with the AGO.

The importance of ensuring that parentage can be recognised in a wide set of circumstances is acknowledged.

As I understand, the current position in respect of the parentage of a child born as a result of a surrogacy arrangement, for example, is that most commonly an intending male parent who is genetically related to the child applies to the Courts for a Declaration of Parentage based on being the biological father of that child. In relation to DAHR procedures, on the other hand, the gestational mother is automatically considered to be the child’s parent.

In this regard, it is also worth noting that where the child has either a gestational mother or genetic father from AHR or surrogacy, that parent’s partner or spouse, if parentage has not been formally assigned to him or her, can apply for guardianship of the child, which affords many of the responsibilities of a parent and the protections that come with it.

Furthermore, my officials inform me that it is probable that if the intending parent(s) who have undertaken a surrogacy arrangement or a DAHR procedure abroad were issued with a birth certificate by the jurisdiction in which the child was born which names the intending parent(s) as the parents of that child, the parental status of those so named on such a foreign birth certificate may in effect be accepted by public or State bodies in a number of instances currently.

Much progress has been made on the path to providing the necessary oversight and regulation of the AHR sector. Some administrative sections of the 2024 Act have been commenced, specifically to formally establish the AHRRA. In addition, section 232 of the 2024 Act is due to be commenced on April 20th. This will result in the parentage of some donor-conceived children not covered by the 2015 Act being recognised.

In conclusion, this is a very complex area and we need to get it right. The 2024 Act – including the surrogacy provisions – will be commenced in full subject to the AHR Amendment Bill being enacted and the AHRRA being suitably functional. However, please be assured that further progressing the AHR legislation and making the AHRRA fully operational are Government priorities and key commitments in the Programme for Government. Every effort will continue to be exerted to ensure that all outstanding work in this regard is concluded as soon as practicable and appropriate.