1758. Deputy Richard Boyd Barrett asked the Minister for Health the position regarding legislation governing the addition of non-natal parents of children conceived through donor-assisted human reproduction; and where the process was carried out in jurisdictions other than Ireland, to the birth certificate of the child. [41491/26]

1872. Deputy Duncan Smith asked the Minister for Health whether she has examined the implications of the Children and Family Relationships Act 2015 for Irish citizens who become parents through lawful assisted reproduction abroad; if she accepts that the current legislation may leave children born in such circumstances without legal protections under Irish law; and if she will make a statement on the matter. [41818/26]

1873. Deputy Duncan Smith asked the Minister for Health the steps being taken to amend the Children and Family Relationships Act 2015 to provide for the recognition in Ireland of intended parents of children born abroad through lawful donor assisted reproduction arrangements, in line with Constitutional equality principles and the best interests of the child; and if she will make a statement on the matter. [41819/26]

I propose to take Questions Nos. 1758, 1872 and 1873 together.

Parts 2 and 3 of the Children and Family Relationships Act (CFRA) 2015 were commenced on 4th May 2020 and introduced a regulatory framework for the legal parentage for children born in the State as a result of a donor-assisted human reproduction (DAHR).  The CFRA 2015 applies prospectively in circumstances where the DAHR procedure took place in the State after the commencement date and where the child is born in the State. This allows for a second intending parent of a donor conceived child to be included on the child’s birth certificate once the conditions included in the legislation are met.

The CFRA also contains provisions to allow for a second intending parent to apply for a retrospective declaration of parentage in respect of a donor conceived child.  This applies to a child born in the State where the DAHR procedure took place in the State or abroad prior to the commencement date of the legislation.  Where the conditions as set out in the Act of 2015 are met the second intending parent is recognised as such and the birth of the child may be re-registered to include the second parent on the child’s birth certificate.

Section 232 (b) (c) and (d) of the Health (Assisted Human Reproduction) Act 2024 were commenced in April this year.  The provisions amend Section 20 of the Children and Family Relationships Act 2015.  The amendment expands the circumstances where a second intending parent may receive a declaration of parentage for a donor conceived child to include where a known donor was used and where the procedure did not take place in a clinical setting.  This allows the Irish Courts to declare a second intending parent as the parent of a donor conceived child in additional circumstances where the child was born in the State as a result of a DAHR procedure which took place prior to 4th May 2020.

It is my intention to address certain additional matters relating to parentage and citizenship of donor conceived persons including those which have arisen as the 2024 Act was passing through the Houses of the Oireachtas.  I intend to introduce an amending Bill - the Health (Assisted Human Reproduction) Amendment Bill 2026 before the end of the current Dáil term if possible.

The Bill as drafted seeks to address issues such as those raised by the Deputies.  The Bill will amend the Health (Assisted Human Reproduction) Act 2024 and the Children and Family Relationships Act 2015.  These amendments relate to issues of parentage and citizenship arising from Irish citizens undertaking DAHR procedures abroad or from Irish citizens domiciled abroad undertaking DAHR procedures or surrogacy arrangements.