Press release
Landmark Assisted Human Reproduction Legislation to commence Committee Stage in Dáil Éireann
From Department of Health
Published on
Last updated on
From Department of Health
Published on
Last updated on
Minister for Health Stephen Donnelly has announced that the Health (Assisted Human Reproduction) Bill 2022 will today commence Committee stage. The legislation will now address retrospective surrogacy arrangements with the insertion of a range of new sections. The Bill, as initiated, provided for domestic altruistic surrogacy but did not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions.
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.
Minister Donnelly said:
"Today is a landmark day as the AHR Bill commences Committee Stage in the Dail.
"The focus of this Bill is on the regulation, for the first time in this country, of a wide range of assisted human reproduction (AHR) practices.
"We still have a way to go before this complex Bill is enacted, but today marks an important milestone in delivering for children and their parent who have campaigned for this legislation.
"I expect it will take a number of meetings of the Select Committee on Health to consider given the size and complexity of the newly expanded Bill, which now takes account of international surrogacy arrangements.
"I want to acknowledge the exceptional progress made in getting to this point. This Bill has involved intensive work and cooperation within my department, and also across a number of government departments.
"I want to take this opportunity to reiterate my commitment to ensuring that the goal of providing for a route to formal recognition by the State of past surrogacy arrangements or surrogacy arrangements in other jurisdictions is achieved and that a robust regulatory framework for AHR more broadly is put in place, as quickly as possible."
The Health (Assisted Human Reproduction) Bill 2022 passed Second Stage in the Dáil in March 2022.
On foot of government approval of a proposal from Minister McEntee, Minister O’Gorman and Minister Donnelly, the Special Oireachtas Joint Committee on International Surrogacy was established in February 2022.
Following the publication of the Committee’s Final Report in July 2022, through a structured and collaborative engagement process, the three relevant departments (Departments of Health, Justice, and Children, Equality, Disability, Integration and Youth) reviewed the Report’s recommendations along with other relevant matters. This project culminated with the approval by Cabinet in mid-December 2022 of a policy approach in respect of both the regulation of international surrogacy and the recognition of certain past surrogacy arrangements (domestic and international) as well as outline draft legislative proposals.
Subsequent to the completion of the formal drafting process of the new surrogacy provisions by the Office of the Parliamentary Counsel, in conjunction with the three relevant departments, a Memorandum for Government was submitted by the three Ministers concerned. On 12 December 2023, the government approved this Memorandum and the finalised proposed Committee Stage Amendments (CSAs) to the Bill will now be considered by the Select Committee on Health which is scheduled to commence on Wednesday (24 January 2024). These proposed CSAs include new provisions in respect of the regulation of international surrogacy agreements and the recognition of certain past surrogacy arrangements. Please note that it is normal procedure for the Houses of the Oireachtas to publish such proposed CSAs.
The progress of the Bill now and the acceptance or not of amendments from the government or opposition members are matters for the Oireachtas.