As the Deputy will be aware, the focus of Health (Assisted Human Reproduction) Bill 2022 is on the regulation, for the first time in this country, of a wide range of practices undertaken in this jurisdiction exclusively, and particularly those carried out by the private fertility clinics operating here.
The draft Bill does not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions. The issues which arise from Irish people engaging in cross-border surrogacy primarily relate to parentage, guardianship, citizenship and, potentially, adoption. International surrogacy raises complex ethical questions concerning areas of law that intersect across the remits of several Government Departments and require detailed examination.
Accordingly, my colleagues Minister McEntee, Minister O’Gorman and I submitted a joint Memorandum to Government in relation to the establishment of a time-limited Special Joint Oireachtas Committee on International Surrogacy. I have committed to having regard to the work of this Committee as the Health (Assisted Human Reproduction Bill) 2022 progresses through the Houses of the Oireachtas. I will do all I can to include recommendations on international surrogacy if it is decided that it is the appropriate vehicle and if specific legislative recommendations are concluded consistent with the timeframe for the AHR Bill which deals with the regulation of domestic surrogacy.
Subject to the Committee’s findings and recommendations, it is not clear, at this juncture, whether the AHR Bill will be the appropriate vehicle for accommodating legislative proposals, or whether the amendment of other relevant legislation on the Statute Book is more appropriate. The Deputy will also appreciate that, at this time, it is also not clear if the output of the Committee’s work will focus on legislative recommendations or other types of intervention, if any. This will only become clearer as the Committee’s work progresses.
The Health (Assisted Human Reproduction) Bill 2022 passed Second Stage on March 23rd 2022 and has been referred to the Select Committee on Health for Third Stage. I am particularly determined to progress this much-needed and long-awaited piece of historic legislation as quickly as possible and avoid any further delays to a robust regulatory framework for AHR being put in place. Crucially, this would also adversely impact upon the Government’s plans to introduce the provision of IVF and other advanced AHR treatments through the public health system.
Nevertheless, I am fully committed to supporting the work of the Committee and having regard to its work in the context of the AHR Bill where possible and appropriate, and my officials will continue to work collaboratively with it and other relevant Departments in respect of examining the issues concerned, as it has done so to date.
