The Health (Assisted Human Reproduction) Bill 2022 was passed by Seanad Éireann on 26th June.
The issues covered by the legislation have been widely discussed and examined, including during Committee Stage and Report stage in the Dáil and by the Joint Oireachtas Committee on International Surrogacy. Some of the issues which arose require further consideration and in this regard it is my intention to bring forward a supplementary Bill for inclusion in the Dáil’s autumn legislative programme.
The amending Bill will, subject to further consultation with and legal advice from the Office of the Attorney General, and Government approval, provide clarity for Irish residents undertaking donor-assisted human reproduction procedures abroad seeking to obtain a declaration of parentage. It is also my intention that the Bill will include provisions for Irish citizens domiciled abroad who have undergone surrogacy or donor-assisted human reproduction abroad to have their parentage recognised where it is not already, subject to appropriate safeguards, and also provisions relating to the citizenship of children whose parentage is recognised under the new provisions.
This will require amendments to existing legislation including Parts 2 and 3 of the Children and Family Relationships Act 2015 which are under the remit of my Department, and the Irish Nationality and Citizenship Act 1956 which is under the remit of the Minister for Justice.
Officials from the Department of Health, the Department of Justice, and the Department of Children Equality Disability Integration and Youth will continue to work on these and other amendments to be included in the forthcoming legislation. The Oireachtas will have sole responsibility for determining the form and scope of the final legislation.