Written answer
Legislative Process
1911. Deputy Ryan O'Meara asked the Minister for Health for an update on the Assisted Human Reproduction Act 2024; the timeline for when it will be fully implemented; and if she will make a statement on the matter. [41878/26]
Comment on this
2160. Deputy Aisling Dempsey asked the Minister for Health for an update on the health (assisted human reproduction) (amendment) Bill; when it will be published; and if she will make a statement on the matter. [43034/26]
Comment on this
I propose to take Questions Nos. 1911 and 2160 together.
The Deputy will be aware that the Health (Assisted Human Reproduction) Act 2024 was enacted, having passed all stages in both Houses of the Oireachtas, and then signed into law by the President in July 2024.
The establishment of the Assisted Human Reproduction Regulatory Authority (AHRRA), as provided for in the legislation, is a vital component in the effective regulation of this sector.
While the 2024 Act was progressing through the Houses of Oireachtas, issues were identified which required further consideration and consultation with the Office of the Attorney General. The formal drafting process for the Health (Assisted Human Reproduction) (Amendment) Bill is in its final stages, led by the Office of Parliamentary Counsel, along with officials from my Department, the Department of Justice, Home Affairs and Migration, and the Department of Children, Disability and Equality. I expect to be in a position to introduce the published Bill to the Dáil this term.
The AHR Amendment Bill is a very substantive piece of legislation. It is largely concerned with outstanding issues of parentage and citizenship, particularly in respect of children born as a result of a donor-assisted human reproduction (DAHR) procedure or surrogacy arrangement undertaken abroad by Irish resident parents or undertaken by Irish citizen parents living abroad. It also seeks to make other necessary amendments to various other sections of the 2024 Act.
As the Deputy may be aware, it was necessary to commence some sections of the 2024 Act which relate to basic administrative functions of the AHRRA in order to be able to formally establish the body so that it can commence recruitment, procurement and undertake preparations for the commencement of its functions. I also signed an Order in April to commence three subsections of section 232 of the 2024 Act. This allows for the parentage of some donor-conceived children not covered by the Children and Family Relationships Act 2015 to be recognised.
However, practically the entire remaining provisions in the 2024 Act are inter-connected, are largely contingent on the AHRRA being suitably operational and are subject to further amendment through the AHR Amendment Bill. For instance, it was decided that the “prospective” and “past” international surrogacy provisions in the complete AHR legislation (as amended by the new Bill) must be commenced concurrently to ensure their proper operation.
Finally, I want to reassure you that further progressing the entire AHR legislation and making the AHRRA fully operational are Government priorities and key commitments in the Programme for Government. Every effort will continue to be exerted to ensure that all outstanding work in this regard is concluded as soon as practicable.