As the Deputy will be aware, international surrogacy raises complex ethical questions concerning areas of law that intersect across the remits of several Government Departments and require detailed examination. The issues which arise from Irish people engaging in cross-border surrogacy primarily relate to parentage, guardianship, citizenship and, potentially, adoption.
Earlier this year I published and initiated the Health (Assisted Human Reproduction) Bill 2022 (AHR). The focus of this Bill 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 published Bill does not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions, as this was not the intended purpose of the Bill.
An Oireachtas Joint Committee on International Surrogacy was also established this year to consider and make recommendations on measures to address issues arising from international surrogacy. The work of that Committee is ongoing.
My colleagues the Ministers for Justice, and for Children, Equality, Disability, Integration and Youth and I will consider the findings and any recommendations made by that Committee in respect of international 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 in the Dáil 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 to date.
