447. Deputy Ruth Coppinger asked the Minister for Health to address the gaps in the assisted human reproduction legislative framework that continue to affect LGBTQ+ families, including the lack of recognition for international surrogacy arrangements, the exclusion of some same-sex female couples from parental recognition pathways, the limited routes available to gay men seeking to become parents, and the absence of definitions that reflect the lived realities of transgender parents. [74991/26]

The Health (Assisted Human Reproduction) Act 2024 was signed into law by the President in July 2024, having passed all stages in both Houses of the Oireachtas.

The primary purpose of this complex and far-reaching legislation is to regulate fertility clinics providing treatment and ensure that assisted human reproduction (AHR) practices and related areas of research are conducted in a more consistent and standardised way and with the necessary oversight. The 2024 Act encompasses the regulation of a wide range of practices undertaken in Ireland, including: the use and donation of gametes and embryos for AHR and research; pre-implantation genetic testing of embryos; and embryo and stem cell research. The establishment of the Assisted Human Reproduction Regulatory Authority (AHRRA), as provided for in the legislation, is a vital component for the effective regulation of this sector.

Prior to this, the Children and Family Relationships Act 2015 introduced a regulatory framework for the legal parentage for children born in Ireland as a result of a donor-assisted human reproduction (DAHR) procedure which takes place in an authorised Irish DAHR facility.  This allows for the birth of a donor conceived child to be registered as such by an tArd-Chláraitheoir (the Chief Registrar). This applies equally to single women, same-sex female couples and heterosexual couples, when they have undertaken a DAHR procedure in full accordance with the 2015 Act.

The AHR Bill as initially published also included provisions in respect of domestic altruistic surrogacy. However, the final 2024 Act also includes substantive new provisions in respect of the regulation of future surrogacy arrangements undertaken by Irish residents in other jurisdictions and the recognition of parentage arising from certain past domestic and international surrogacy arrangements.

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. Formal drafting of the Health (Assisted Human Reproduction) (Amendment) Bill – which is largely concerned with outstanding issues of parentage and citizenship, but also seeks to make other necessary amendments to various other sections of the 2024 Act – 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.

Some sections of the 2024 Act relating to the administrative functions of the AHRRA were commenced 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 2015 Act to be recognised.

However, the remaining provisions in the 2024 Act, which are practically all inter-connected, are largely contingent on the AHRRA becoming suitably operational and are subject to further amendment through the AHR Amendment Bill.

I welcome the opportunity to hear all perspectives on issues relevant to the work of my Department. I was happy to meet with Equality for Children / the LGBTQ+ Parenting Alliance and, indeed, other advocacy groups, and to listen to their views. At the meetings, the groups shared their experiences and were given time to make their views known. So, I can assure the Deputy that I am aware of the issues of interest to the groups.

I should also mention that many of the issues in the forthcoming AHR Amendment Bill are reflected in the Oireachtas Joint Committee on Health’s pre-legislative scrutiny (PLS) report, which was published in October 2025. The PLS report and recommendations have been and are being considered as part of the formal drafting process.

This is a very complex area and we need to get it right. However, please be assured that progressing the AHR legislation and making the AHRRA fully operational are Government priorities and represent key commitments in the Programme for Government.