Government approves Committee Stage Amendments to the Health (Assisted Human Reproduction) Bill 2022
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From: Department of Health
- Published on: 12 December 2023
- Last updated on: 12 December 2023
Minister for Health Stephen Donnelly has today announced the government decision to approve text of the proposed Committee Stage Amendments (CSAs) to the Health (Assisted Human Reproduction) Bill 2022. This includes new provisions in respect of the regulation of international surrogacy agreements and the recognition of certain past surrogacy arrangements.
The Memorandum for Government has been submitted by the Minister for Health, in conjunction with the Minister for Justice and the Minister for Children, Equality, Disability, Integration and Youth.
This complex and far-reaching legislation will for the first time encompass regulation on a wide range of practices undertaken in this jurisdiction, including: gamete and embryo donation for assisted human reproduction (AHR) and research; domestic altruistic surrogacy; pre-implantation genetic testing of embryos; posthumous assisted human reproduction; and embryo and stem cell research.
Speaking today, Minister for Health Stephen Donnelly said:
"For many families around the country today’s progress on this legislation is an important and much welcomed milestone. I’ve made completing the Assisted Human Reproduction Bill an absolute priority, and these amendments mark another significant step now on delivering our Programme for Government commitment.
"This amending legislation will protect the rights and safety of children, their parents and all those involved in a surrogacy arrangement. Having met many of them, I know how long they’ve fought for this progress. I’m now referring the legislation to the Oireachtas Committee on Health and believe we will make further headway in January.
"In addition to the ground-breaking new surrogacy provisions to be added to the Bill, it will also have the potential to provide hundreds of Irish families with a route to formal recognition by the State of surrogacy arrangements they have undertaken, or will undertake, either domestically or in other jurisdictions.
"My officials have engaged extensively with colleagues in relevant departments and the Office of Attorney General and I would like to acknowledge the collaborative and consultative approach adopted to develop this legislation."
Minister for Justice Helen McEntee said:
"Today marks an important step forward in providing legal clarity for so many families and children.
"The amendments approved by Government set out an approach to international surrogacy and past surrogacy arrangements that meets the objectives and recommendations of the Report of the Special Oireachtas Joint Committee on International Surrogacy.
"The new legislative provisions will prioritise the protection of the rights, interests and welfare of children and surrogate mothers, and will greatly benefit families with children born through surrogacy.
"I would like to acknowledge the extensive co-operation and engagement that has taken place with Minister Donnelly, Minister O’Gorman and their departments on issues relating to regulation of international surrogacy and recognition of past surrogacy arrangements.
"I would also like to thank all the families and advocacy groups who campaigned for years on this issue and who I have had the pleasure of getting to know. I look forward to continuing engagement with Ministers as work proceeds on the Health (Assisted Human Reproduction) Bill."
Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman added:
"I welcome today’s decision to approve text of Committee Stage Amendments to the Health (Assisted Human Reproduction) Bill. Through these amendments a regulatory framework for both domestic and international surrogacy arrangements will be introduced. This very positive step aims to provide a route to recognition of parentage for those parents that have already formed families through surrogacy and those that intend to do so.
"As Minister for Children my focus is on protecting the rights and interests of the child, in addition these proposed provisions will introduce the appropriate and necessary safeguards to ensure that all parties are protected."
It is intended that the finalised approved legislative provisions relating to international surrogacy will be included in the Bill at Committee Stage, as well as measures to allow the possibility for retrospective recognition of parentage in respect of domestic and international surrogacy arrangements.
Notes
The Health (Assisted Human Reproduction) Bill 2022 passed Second Stage in the Dáil in March 2022.
The Bill will also provide for the establishment of the AHRRA (Assisted Human Reproduction Regulatory Authority).
The provisions outlined in the legislation will ensure that AHR practices and related areas of research are conducted in a more consistent and standardised way and with the necessary oversight.
Given the range of complexities which arise, it is crucial that the final detailed provisions are robust and able to withstand rigorous scrutiny and protect the rights of all the various parties involved in surrogacy arrangements, while it is also essential to ensure consistency with any related existing legislation on the Statute Book.
The government in mid-December 2022 approved a policy approach and draft outline legislative proposals in respect of both the regulation of international surrogacy and the recognition of certain past surrogacy arrangements (domestic and international).