As the Deputy will be aware, the Health (Assisted Human Reproduction) Bill 2022 was introduced to, and passed Second Stage in, the Dáil in March 2022 and has been referred to the Select Committee on Health for Third Stage. 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 undertaken within the jurisdiction.
The Bill as published provided for domestic altruistic surrogacy but does not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions. However, on foot of Government approval of a proposal from Minister McEntee, Minister O’Gorman and myself, the Special Oireachtas Joint Committee on International Surrogacy was formally 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 12th 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. These proposed CSAs include new provisions in respect of the regulation of international surrogacy agreements and the recognition of certain past surrogacy arrangements.
I am pleased to report that Committee Stage is scheduled to commence on 24th January 2024 and I wish to reiterate my commitment to ensuring both 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.
