Assisted Human Reproduction Regulatory Authority and Amending Bill – Key Updates

The AHRRA is a new State agency established under Section 122 of the Health (Assisted Human Reproduction) Act 2024 (the "2024 Act") tasked with overseeing regulation of Assisted Human Reproduction ("AHR") practices and technologies in Ireland, with its functions set out under Section 123 of the 2024 Act.

Minister Carroll MacNeill has appointed Professor Deirdre Madden, of the School of Law, University College Cork as the first Chairperson of the Board of the AHRRA. The Minister also announced her intention to appoint David Crosby, Julie Kenneally, Ciara Merrigan and Brian Tobin as ordinary members of the Board for a period of four years, with Roisin Molly, Mary Wingfield and Samantha Doyle to be appointed for a three-year term.

Speaking on the establishment of the AHRRA, Minister Carroll MacNeill stated:

"Establishing the AHRRA brings essential oversight to this important part of the health service. Professor Madden has extensive expertise in healthcare law and ethics, including assisted human reproduction and surrogacy, bioethics, patient safety, and healthcare regulation."

Professor Madden stated:

"Assisted human reproduction technologies are a critical component of modern healthcare. The new regulatory structure is crucial to ensuring the health, wellbeing, and legal rights of children born through AHR or surrogacy, intending parents and donors. 

My role is to ensure that the AHRRA operates with the highest standards of prudence, ethics and transparency and with sensitivity. I believe we can deliver on our duties to the wider public, but also those who are service users, intending parents and children. This will make a positive real-world impact in each family's journey."

The formal establishment of the AHRRA represents a critical advancement in Ireland’s efforts to implement the 2024 Act and the forthcoming Health (Assisted Human Reproduction) (Amendment) Bill (the "Amending Bill") to address identified gaps in the 2024 Act.

Joint Committee on Health Report on pre-legislative scrutiny of the Health (Assisted Human Reproduction) (Amendment) Bill

The establishment of the AHRRA followed shortly after the publication of the Oireachtas Joint Committee on Health’s (the "Joint Committee") report on pre-legislative scrutiny of the Amending Bill. This report, published just days earlier, identifies critical gaps in the 2024 Act, which is yet to be fully commenced, and outlines 18 key recommendations for the Amending Bill.

Key Recommendations:

1. The Amending Bill must address all the identified gaps in the 2024 Act.
2. It should have a child’s rights-based framework, with provision made to ensure that the best interests of the child are paramount in granting a parental order or the declaration of parental orders under the Children and Family Relationships Act 2015 (the "2015 Act") and the 2024 Act.
3. The report advocates for some judicial discretion in decisions on parentage in relation to surrogacy and DAHR.
4. The Amending Bill must be equality proofed.
5. The Amending Bill must provide a mechanism to ensure parental recognition for second parents, in cases of international DAHR. At present, the 2024 Act does not provide a mechanism for a second intending parent to have their parentage recognised.
6. In cases of Irish citizens living abroad, the Amending Bill must include a process to recognise the parentage of those who had children through surrogacy or DAHR (where such recognition exists).
7. Provision should be made to provide a path to parenthood for Irish citizens returning home who are in same sex couples and whose children were both conceived and born abroad in countries that don’t recognise both same sex parents.
8. Children of Irish citizens born abroad through surrogacy or DAHR should have the right to become Irish citizens.
9. All unnecessary barriers to recognition must be removed. Non-Court, administrative procedures should be considered, as per the Adoption Act and the requirement for the High Court should be reconsidered.
10. A legal value should be put on the female genetic link in DAHR and surrogacy.
11. The 2015 Act should be amended to allow joint parental rights for same sex couples in cases of non-clinical conception.
12. The 2024 Act contains no provision for parental leave or benefits for surrogacy families, and this must be rectified as a matter of urgency.
13. The AHRRA should be provided with the power to establish an Ethics Committees to consider individual circumstances and cases where surrogacy agreements go beyond the prescribed framework.
14. Every effort must be made to ensure consistency between the 2015 Act, the 2024 Act and the Amending Bill.
15. Adequate funding and support should be provided to the AHRRA to ensure it can fulfil its various functions efficiently.
16. The provisions of the 2024 Act should be reviewed to ensure they are trans inclusive.
17. The Department of Health should run an awareness campaign in advance of the commencement of the 2024 Act with the aim being to provide clarity for intending parents on the new laws and transitional provisions.
18. Clarity should be provided as to when the Acts will be commenced in full.

Speaking on the publication of the Joint Committee's Report and gaps identified in the legislation, Deputy Pádraig Rice, Cathaoirleach of the Joint Committee stated:

 “To address these shortcomings, supplementary legislation is imperative to ensure a comprehensive and inclusive framework that prioritises the rights of the child, facilitates ethical international DAHR practices, and safeguards the rights of Irish citizens abroad. It is crucial that any new legislation respects the right to procreate and the right to private and family life, with any State interference being proportional and minimally invasive."

Conclusion

The establishment of the AHRRA and publication of the Joint Committee on Health’s report marks a pivotal moment in Ireland’s journey toward a comprehensive and inclusive assisted human reproduction framework. By identifying critical gaps in the 2024 Act and proposing targeted amendments through the Amending Bill, the Committee emphasises the urgency of legislative reform that reflects the realities of modern families and reproductive technologies and has highlighted the need for clarity in relation to when the legislation will be fully commenced.

Department of Health Press Release confirming establishment of the AHRRA is available here.

The Joint Committee on Health's Report on Pre-Legislative Scrutiny of the Health (Assisted Human Reproduction) (Amendment) Bill can be accessed here.

Written by: Zoe Richardson, Dena Keane and Katie Molen