Parts 2 and 3 of the Children and Family Relationships Act (CFRA) 2015 commenced in May 2020 and contain provisions relating to the regulation of donor-assisted human reproduction (DAHR) which takes place in a DAHR facility in the State.
The legislation aimed to modernise family law in a way that is inclusive of and sensitive to the reality of contemporary family life and meets the needs of children living in diverse family types. The Act provided for the first time, legal recognition and pathways to parentage for same sex female couples who undertake DAHR in the State, where the child is born in the State, allowing the second intending parent in these circumstances to be included on the child’s birth certificate.
The Health Assisted Human Reproduction (AHR) Act 2024 was published in July 2024 and included changes to the CFRA 2015. Further amendments to the AHR Act 2024 encompassing changes to the CFRA 2015 are included in the Health (Assisted Human Reproduction) (Amendment) Bill. The formal drafting of this amendment bill is at an advanced state, 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.
It is proposed that provisions and amendments to CFRA 2015 included in the amending bill will address the issues of recognition of parentage such as those highlighted by the Deputy i.e. where the DAHR procedure takes place in the State but the child is born outside of this jurisdiction.
The Health (Assisted Human Reproduction) (Amendment) Bill will be subject to the usual legislative processes, and the provisions contained in the final draft of the amending bill will ultimately be a matter for the Oireachtas.
