Minister for Health Secures Government Approval to draft amending Assisted Human Reproduction legislation

The Minister for Health Stephen Donnelly has today secured Government approval to draft amending legislation to the Assisted Human Reproduction Act. Minister Donnelly sought Government approval for the legislation in conjunction with the Minister for Justice and the Minister for Children, Equality, Disability, Integration and Youth.

The two most significant areas to be addressed in the Amending Bill primarily seek to provide clarity for Irish residents or citizens undertaking donor-assisted human reproduction (DAHR) procedures abroad.

It is intended the legislation will establish a process to allow Irish residents who undertake a DAHR procedure abroad to apply for a declaration of parentage in respect of a child born as a result of such a procedure. This will be achieved through the insertion of new provisions to the Children and Family Relationships Act 2015. This will include a provision that identifying information about the donor must be recorded and be accessible to the donor-conceived child if they wish, on or after their 16th birthday.

The Amending Bill will also provide a pathway for Irish citizens domiciled abroad who have undergone DAHR or surrogacy in another jurisdiction to have their parentage recognised in Ireland, where this is not already the case.

Speaking after today's Cabinet meeting Minister Donnelly said

"Following the passing of the ground-breaking Health (Assisted Human Reproduction) Act 2024 in July, I committed to review a number of areas that required further consideration. As promised, I am now pleased to announce that Government has approved the General Scheme of the Amending Bill.

"I look forward to continuing this work and to the drafting of a Bill which will have an important impact on families with children born through DAHR procedures abroad."

Minister for Children, Equality, Disability, Integration and Youth, Roderic O'Gorman said:

"I welcome today's decision to approve the General Scheme of the Health (Assisted Human Reproduction) (Amendment) Bill 2024.

"The Amending Bill will provide welcome clarity for families seeking declarations of parentage for their children born through DAHR procedures undertaken abroad.

"Importantly, the General Scheme seeks to ensure a high level of safety for such DAHR procedures, including placing a strong emphasis on the protection of a donor-conceived child's right to identity.

"I look forward to further engagement with Ministers Donnelly and McEntee as work advances on the Bill."

Minister for Justice, Helen McEntee said:

"Today marks an important step forward for surrogacy with Government approval of the General Scheme of the Health (Assisted Human Reproduction) (Amendment) Bill 2024.

"With our recent legislation we secured the route to full parentage for many families all across the country. However, the complexities of this area meant it was not possible to address everything in the Act. The new Bill is aimed at making the legislation concerning assisted human reproduction as inclusive as possible. It seeks to protect the rights of the child to knowledge of their full identity, and of the surrogate mother, which must be of primary concern. It also protects families who may have undergone DAHR or surrogacy outside Ireland. In line with the Health (Assisted Human Reproduction) Act 2024, the new Bill will also provide safeguards to protect the rights of a surrogate mother, including from the risk of human trafficking and exploitation.

"Significantly the Bill will include clear provisions for the entitlement of Irish citizenship for children of Irish parents. For intending parents knowing that their child's right to Irish citizenship is secured will be a very positive development.

"I want to express my sincere thanks to all those who have advocated over the past number of years, and to my colleague Minister Donnelly, who have ensured that this important legislation would comprehensively address all issues related to surrogacy."

The Act and this proposed Supplementary Bill have been the subject of extensive consideration and discussion between various Departments, the Office of the Attorney General and in the Oireachtas.

Work will continue on resolving some technical matters and the Bill has been prioritised on the Oireachtas drafting list.