The Deputy will be aware that 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 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.
As previously advised, 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.
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. Formal drafting of the Health (Assisted Human Reproduction) (Amendment) Bill is in its final stages, led by the Office of Parliamentary Counsel, along with officials from my Department, the Department of Justice, Home Affairs and Migration, and the Department of Children, Disability and Equality. I expect to be in a position to introduce the published Bill to the Dáil this term.
The AHR Amendment Bill is a very substantive piece of legislation. It is largely concerned with outstanding issues of parentage and citizenship, particularly in respect of children born as a result of a DAHR procedure or surrogacy arrangement undertaken abroad by Irish resident parents or undertaken by Irish citizen parents living abroad. It also seeks to make other necessary amendments to various other sections of the 2024 Act, including the surrogacy provisions.
At a broad level, 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 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 their understanding of current arrangements that in some instances it may be the case 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 be accepted by public or State bodies.
The 2024 AHR Act provides for intending parents and those who already have children as a result of surrogacy to submit Court applications for the granting of a Parental Order which will have the effect of transferring parentage to those named on such an Order.
On a general note, it should be recognised that Irish birth certificates are normally only issued by an tArd-Chláraitheoir in respect of children born within the State.
Finally, I want to reassure you that further progressing the entire 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.
