Dáil Éireann Debate, Tuesday - 15 January 2019
695. Deputy Seán Barrett asked the Minister for Health when all aspects of the Children and Family Relationships Act 2015 concerning the legal recognition of parentage for same sex couples that are not covered under the Act will be introduced; and if he will make a statement on the matter. [1057/19]
Amharc ar fhreagraParts 2 and 3 of the Children and Family Relationships Act 2015 contain provisions relating to the regulation of donor-assisted human reproduction, DAHR, procedures carried out in the State, including dealing with the rights of children born as a result of those procedures. The enactment of the Children and Family Relationships (Amendment) Act 2018 was necessary to correct typographical and technical errors in the Children and Family Relationships Act 2015, to enable the subsequent commencement of Parts 2 and 3 of the Act. It is intended that Parts 2 and 3 of the Act will be commenced as soon as possible.
Parts 2 and 3 of the Children and Family Relationships Act 2015 specifically relate to DAHR procedures where the intending mother is also the birth mother and the child is born in the State. After commencement of Parts 2 and 3, the provisions of the Act are confined to DAHR procedures carried out in the State and where the child is born in the State.
The commencement of Parts 2 and 3 of the Act will also allow for the granting of a retrospective declaration of parentage in relation to a child born as a result of a DAHR procedure, subject to certain conditions.
As Parts 2 and 3 of the Children and Family Relationships Act specifically relate to procedures where the intending mother is also the birth mother, this Act does not encompass surrogacy. Provisions relating to the regulation of surrogacy in Ireland are included in Part 6 of the General Scheme of the Assisted Human Reproduction Bill 2017.
In October 2017 the Government approved the drafting of a Bill on assisted human reproduction (AHR) and associated areas of research, based on the published General Scheme, The Joint Committee on Health is currently conducting a review of the General Scheme of the Assisted Human Reproduction Bill 2017 as part of the pre-legislative scrutiny process, and the Committee intends to publish its report early in 2019.
The process of drafting this Bill will be completed in conjunction with the Office of the Attorney General. As part of this process officials in my Department will ensure that there is coherent interaction between the Assisted Human Reproduction Bill and Parts 2 and 3 of the Children and Family Relationships Act 2015. However, it is not possible at this time to give a definitive timeline for the completion of the draft Bill and its subsequent passage through the Houses of the Oireachtas.
