Dáil Éireann Debate, Thursday - 12 February 2026
549. Deputy Peadar Tóibín asked the Minister for Health if her Department has sought or received advice from the attorney general in relation to surrogacy legislation; the way Ireland can ensure the safety of surrogates and children in other states; and if she will make a statement on the matter. [11204/26]
Amharc ar fhreagra550. Deputy Peadar Tóibín asked the Minister for Health the way surrogacy legislation in Ireland will align with EU directive 2024/1712 which specifically mentions surrogacy as a form of exploitation; and if she will make a statement on the matter. [11205/26]
Amharc ar fhreagraI propose to take Questions Nos. 549 and 550 together.
The Deputy will be aware that the Health (Assisted Human Reproduction) 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 assisted human reproduction (AHR) legislation look to build on and learn from the experiences of other States which have sought to regulate surrogacy. Drafting is led by the Office of Parliamentary Counsel, along with officials from my Department, the Department of Justice, Home Affairs and Migration (DoJHAM), and the Department of Children, Disability and Equality (DCDE), with important legal input provided by the Office of the Attorney General.
The new laws were also developed with due regard given to the views and recommendations of a number of national and international experts, such as the United Nations Special Rapporteur on the Sale and Sexual Exploitation of Children, the Irish Special Rapporteur on Child Protection and the dedicated Oireachtas committee which was established to examine the issue. In addition, adhering as much as possible to the Verona Principles – a set of policy and legislative guidelines produced by experts in international law and human rights to ensure respect for the human rights of children born through surrogacy – has been a major consideration during the legislative drafting process.
Regarding the Deputy’s specific query on EU Directive 2024/1712, the Deputy will be aware that the transposition of the EU anti-human trafficking directive is under the remit of the DoJHAM. My Department is working with the DoJHAM to ensure that the AHR legislation has sufficient safeguards to protect the rights of surrogate mothers, including from the threat of human trafficking. My officials are engaging with the DoJHAM to ensure that the AHR framework operates consistently with the transposition measures, and that the respective safeguards are in place.
It is important to point out that a 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 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 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 protect the rights and welfare of any children born as a result of surrogacy.
