James Lawless
Question:203. Deputy James Lawless asked the Minister for Health his plans regarding the regulation of surrogacy; the timeframe for this legislation; and if he will make a statement on the matter. [23580/17]
View answerWednesday, 17 May 2017
Questions (203)
Written answers
Officials in my Department are currently drafting the General Scheme of legislative provisions on assisted human reproduction (AHR) and associated research, which will include provisions relating to surrogacy. It is envisaged that the General Scheme will be completed by the end of June 2017. Once the General Scheme has been completed, a memo will be submitted for Government approval, and once approved by Government, I intend to submit the General Scheme to the Joint Oireachtas Committee on Health for pre-legislative scrutiny.
The proposed legislation will take cognisance of the 2014 Supreme Court judgment in the MR & Anor v An tArd Chláraitheoir & Ors (surrogacy) case. It is envisaged that the legislation will establish a mechanism for transfer of parentage from the surrogate (and her husband, if she has one) to the intending parents.
In addition, it is envisaged that under the surrogacy provisions at least one of the intending parents will have to be genetically related to the child. Surrogacy will be permitted on an altruistic basis where the payment of defined and receiptable reasonable expenses will be allowed, however, commercial surrogacy will be prohibited.
The intention of the legislation in this area is to protect, promote and ensure the health and safety of surrogate mothers, others involved in the process (such as donors and parents) and, most importantly, the children who will be born as a result of AHR.