Dáil Éireann Debate, Thursday - 13 May 2021
404. Deputy Denis Naughten asked the Minister for Health his plans to enable a legal parental relationship to be established to both parents of LGBTQ+ families using surrogacy and other forms of assisted human reproduction; and if he will make a statement on the matter. [25219/21]
View answerAs the Deputy will be aware, the Children and Family Relationships Act 2015 (the Act of 2015) reforms and updates family law to address the needs of children living in diverse family types. The Minister for Health commenced Parts 2 & 3 of the Act of 2015 on 4 May 2020. Specifically, Parts 2 & 3 provide a legal framework for parentage of children who are born as result of assisted human reproduction (AHR) involving donated eggs or sperm or embryos. Records are also required to be kept in relation to the identity of the donor(s), the child, the mother and the intending parent for the purposes of enabling donor-conceived children to access information relating to their genetic inheritance.
A legal framework to regulate surrogacy is included in the forthcoming AHR legislation; drafting of this Bill is ongoing by officials in my Department, in conjunction with the Office of the Attorney General. The surrogacy provisions outline a court-based mechanism through which the parentage of a child born through surrogacy may be transferred from the surrogate (and her husband, if applicable) to the intending parent(s). Subject to certain criteria being met, AHR treatment involving gamete donation and domestic surrogacy will be available to people irrespective of gender, marital status or sexual orientation.
The AHR legislation aims to promote and ensure the health and safety of parents and others involved in the process (such as donors and surrogate mothers), while, most importantly, consideration of the welfare and best interests of children born as a result of AHR is a key principle underpinning all legislative measures in this area.
