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Legislative Measures

Dáil Éireann Debate, Wednesday - 25 March 2026

Wednesday, 25 March 2026

Ceisteanna (422)

Pádraig Rice

Ceist:

422. Deputy Pádraig Rice asked the Minister for Health the reason for the prolonged delay in commencing section 232 of the Health (Assisted Human Reproduction) Act 2024; the timeline for signing the concurrence and the commencement order; and if she will make a statement on the matter. [22953/26]

Amharc ar fhreagra

Freagraí scríofa

Sections 232 (b), (c) and (d) of the Health (Assisted Human Reproduction) Act 2024 will amend section 20 of the Children and Family Relationships Act 2015. This will allow for a declaration of parentage to be obtained in circumstances where a donor assisted human reproduction (DAHR) procedure did not take place in a clinical setting and in cases where a known donor was used, providing that the donor consents to the granting of the declaration. This will apply to DAHR procedures which have taken place prior to the commencement of the Children and Family Relationships Act 2015, i.e. prior to 4th May 2020.

As these amendments concern procedures before the District and Circuit Court, it was necessary that the relevant Rules of Court for both the Circuit and the District Courts were updated to reflect the changes to be introduced, and before commencement of the provisions in Section 232 of the 2024 Act. Officials in my Department worked with colleagues in the Courts Service in the preparation of updated Rules of Court and both sets of Rules were approved by the relevant Court Rules Committees in late 2025.

These changes as approved by both Committees have now been submitted for concurrence by the Minister for Justice, Home Affairs and Migration. My Department has also liaised with the Office of the Parliamentary Counsel to draft the commencement order for the provisions in Section 232 and this is now finalised. It is the intention that Section 232 and the accompanying Rules of Court will be commenced on April 20th 2026. This date provides the Courts Service with the time required to operationalise the measures as set out in the Rules.

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