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Assisted Human Reproduction

Dáil Éireann Debate, Thursday - 21 January 2021

Thursday, 21 January 2021

Ceisteanna (400)

Róisín Shortall

Ceist:

400. Deputy Róisín Shortall asked the Minister for Health when the assisted human reproduction Bill will be published; the steps he is taking to create a legislative framework to govern surrogacy in Ireland; and if he will make a statement on the matter. [3263/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, Government approval was granted for the drafting of a bill on assisted human reproduction (AHR) and associated areas of research, based on the published General Scheme of the Assisted Human Reproduction Bill. This comprehensive and far-reaching piece of legislation encompasses the regulation, for the first time in Ireland, of a wide range of practices, including altruistic domestic surrogacy. The General Scheme also provides for the establishment of an independent regulatory authority for AHR.

The provisions relating to surrogacy are outlined in Part 6 of the General Scheme. These provisions outline the specific conditions under which surrogacy in Ireland will be permitted, including a requirement for all surrogacy agreements to be pre-authorised by the AHR Regulatory Authority. The General Scheme also sets out 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).

In addition, under the surrogacy provisions at least one of the intending parents will have to be genetically related to the child. Surrogacy will be permitted on an altruistic basis where the payment of defined and receiptable reasonable expenses will be allowed. However, commercial surrogacy in Ireland will be prohibited as it raises a number of concerns relating to the welfare and commodification of the children involved as well as the potential risks of coercion and exploitation of financially vulnerable women to act as surrogates.

As we continue to deal with the challenge of responding to the Covid-19 pandemic, delays have occurred in progressing normal workstreams in the Department; however, drafting of the Bill is ongoing in conjunction with the Office of the Attorney General. The publication of the Bill is a priority for Government and a commitment to enact this legislation is included in the Programme for Government.

Overall, the provisions outlined within the General Scheme will ensure that AHR practices and related areas of research are conducted in a more consistent and standardised way and with the necessary oversight. The aim of the AHR legislation is 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 the key principle underpinning the General Scheme.

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