3643. Deputy Pádraig Rice asked the Minister for Health the reasons commencement of the retrospective surrogacy provisions contained in Part 12 of the Assisted Human Reproduction Act 2024 are contingent upon the establishment of the Assisted Human Reproduction Regulatory Authority (AHRRA) given that these provisions relate solely to children who have already been born; to outline the specific operational functions of the AHRRA required before applications under Part 12 of the 2024 Act can be accepted by the High Court; if any consideration has been given to commencing the retrospective provisions of Part 12 of the 2024 Act independently of the provisions regulating future assisted human reproduction treatment; if not, the reasons for that decision; if legal advice has been received indicating that the retrospective provisions cannot be commenced before the AHRRA is fully operational; if so, if the substance of that advice will be published; and if she will make a statement on the matter. [57142/26]

3644. Deputy Pádraig Rice asked the Minister for Health to outline in full the barriers preventing her from commencing the retrospective declaration of parentage scheme, given that applications will ultimately be determined by the High Court (details supplied); and if she will make a statement on the matter. [57143/26]

3645. Deputy Pádraig Rice asked the Minister for Health to outline, in detail, the role that the Assisted Human Reproduction Regulatory Authority (AHRRA) will play in applications under Part 12 of the Assisted Human Reproduction Act 2024; the reason those functions cannot be carried out administratively by the Department pending the AHRRA becoming operational; and if she will make a statement on the matter. [57144/26]

3646. Deputy Pádraig Rice asked the Minister for Health if any assessment has been carried out of the impact on children and families arising from the continued delay in commencing the retrospective declaration of parentage provisions, under the Assisted Human Reproduction Act 2024; if she has complied figures as to the number of children currently awaiting access to the retrospective declaration of parentage scheme; if not, if her Department has an estimate figure; and if she will make a statement on the matter. [57145/26]

3647. Deputy Pádraig Rice asked the Minister for Health to provide an update on the drafting of supplementary assisted human reproduction legislation; the expected timeline for publication; and if she will make a statement on the matter. [57146/26]

3865. Deputy Pádraig Rice asked the Minister for Health to provide an update on the work of the Assisted Human Reproduction Regulatory Authority (AHRRA) since its establishment in October 2025; the staff that have been hired to date; the full staff complement required; the timeline she is working towards in making the AHRRA fully operational; and if she will make a statement on the matter. [58065/26]

3924. Deputy Liam Quaide asked the Minister for Health the way in which an international surrogacy arrangement entered into, and in which a pregnancy commenced, before the commencement of Parts 7 and 8 of the Health (Assisted Human Reproduction) Act 2024 will be treated where the child is born after those provisions are commenced; whether such a family will be eligible under the retrospective parentage provisions or the future pre-conception approval framework; the measures being taken to ensure that such families do not fall outside both pathways; and if she will make a statement on the matter. [58203/26]

3925. Deputy Liam Quaide asked the Minister for Health whether the forthcoming Health (Assisted Human Reproduction) (Amendment) Bill will provide a clear pathway to legal parentage for a non-genetic intended parent where a child is born abroad through a surrogacy arrangement commenced before the new regulatory framework became operational; whether that parent will be able to apply immediately following the child’s birth or return to the State; the precise legal mechanism proposed; and if she will make a statement on the matter. [58204/26]

3926. Deputy Liam Quaide asked the Minister for Health whether the international surrogacy provisions of the Health (Assisted Human Reproduction) Act 2024, the necessary amending legislation and the relevant functions of the Assisted Human Reproduction Regulatory Authority will be fully operational before 16 December 2026; if not, the specific legislative, regulatory or administrative steps that will remain outstanding on that date; the target completion date for each such step. [58205/26]

I propose to take Questions Nos. 3643 to, 3647, inclusive, 3865 and 3924 to 3926, inclusive, together.

The Deputy will be aware that the Health (Assisted Human Reproduction) Act 2024 – including Part 12, which has the heading “Past Domestic and International Surrogacy” – 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 the assisted human reproduction (AHR) sector.

Part 12 of the 2024 Act allows for parents of children born as a result of a surrogacy agreement which was “entered into” and where the relevant embryo transfer took place before the commencement of section 204 and section 216 (applicable to “past” domestic surrogacy and “past” international surrogacy agreements, respectively) to apply to the Courts for a Parental Order in respect of that child. The commencement dates of these two sections will be aligned with the commencement dates for the “prospective” surrogacy provisions in Parts 7 & 8 of the 2024 Act to ensure that no child born as a result of a surrogacy agreement cannot be potentially “covered” under either the “past” or “prospective” surrogacy provisions. I also intend to provide sufficient notice to intending parents prior to the commencement of the surrogacy provisions.

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 (AGO). 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 hope to be in a position to introduce the published Bill to the Dáil early in the autumn 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, including in respect of the “past” surrogacy provisions in Part 12.

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. 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 becoming suitably operational and are subject to further amendment through the AHR Amendment Bill.

For instance, at one point the possibility of commencing Part 12 of the 2024 Act was being explored. However, it was subsequently decided, following the receipt of firm legal advice from the AGO, 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.

A further concern is that a legal “lacuna” would be created in respect of surrogacy arrangements undertaken in any “interim” period between the time of the commencement of the “prospective” provisions and that of the “past” provisions, if the latter were to be commenced at an earlier point. This would lead to unacceptable levels of uncertainty and complication for all parties considering undertaking a surrogacy agreement during any such period.

In addition, as referred to above, there will be amendments made to Part 12 of the 2024 Act through the forthcoming second piece of legislation.

It is not possible to provide figures for the number of individuals/couples in Ireland who already have children who were born as a result of a domestic or international surrogacy arrangement. It would not be possible in any event to determine how many of these parents would or will actually choose to apply to the High Court under Part 12 for a Parental Order in respect of their children.

At a broad level, the importance of ensuring that parentage can be recognised in a wide set of circumstances is acknowledged.

As I understand, the current position in respect of the parentage of a child born as a result of a surrogacy arrangement, for example, is that most commonly an intending male parent who is genetically related to the child applies to the Courts for a Declaration of Parentage based on being the biological father of that child.

In this regard, it is also worth noting that where the child has a genetic father from surrogacy, that parent’s partner or spouse, if parentage has not been formally assigned to him or her, can apply for guardianship of the child, which affords many of the responsibilities of a parent and the protections that come with it.

Furthermore, my officials inform me that it is their understanding of current arrangements that in at least some instances it may be the case that if the intending parent(s) who have undertaken a surrogacy arrangement abroad were issued with a birth certificate by the jurisdiction in which the child was born which names the intending parent(s) as the parents of that child, the parental status of those so named on such a foreign birth certificate may be accepted by public or State bodies.

I signed orders to formally establish the AHRRA, and appointed a Chair, Ms. Deirdre Madden, and a Board, with effect from 13th October 2025. The Board has been meeting on a monthly basis since. It appointed Mr. Colm O’Leary as the AHRRA’s inaugural Chief Executive Officer (CEO) to lead the AHRRA following a comprehensive and rigorous recruitment process conducted by the Public Appointments Service and he took up the post in April 2026.

Establishing an agency like the AHRRA, which has a range of highly complex, and often unprecedented, statutory functions, is no small task. It involves a myriad of challenges, including the recruitment of a strong team, the development of a considerable range of operational policies and procedures, and the building of robust administrative systems and arrangements. In particular, the new CEO has been working intensively in relation to the issues of staffing and resources, and his detailed proposals in this regard are currently under consideration.

Finally, I want to assure 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. Although it is not possible to set definitive timelines in this regard at this juncture, every effort will continue to be exerted to ensure that all outstanding work in this regard is concluded as soon as practicable.