Expanded Access to State-Funded Assisted Human Reproduction Treatments

Prior to 30 June 2025, state funded AHR treatments were limited to couples with no living children from the existing relationship and at least one partner was required to have no living children from any other relationship. However, with the expanded criteria, couples with one existing child in their relationship who meet all other existing criteria can now access one full cycle of state funded:

• in-vitro fertilisation ("IVF");
• intrauterine insemination ("IUI"); or
• intra-cytoplasmic sperm injection ("ICSI").

Other requirements include being ordinarily resident in Ireland, being in a relationship for at least one year, referral to a regional fertility hub by a GP or Consultant, having undergone a maximum of one previous IVF cycle, no unused embryos in storage and no voluntary sterilisation of either partner.

This expanded criterion is a positive step closer to inclusive and equitable support for couples facing fertility challenges, particularly for those experiencing secondary infertility, an issue that can have a significant financial and emotional effect on those attempting to have a second child.

Legislative Developments and Regulatory Framework

In tandem with this expansion in access to state-funded AHR treatments, work on a Bill to amend the Health (Assisted Human Reproduction) Act 2024, not yet commenced, is ongoing in collaboration with the Department of Justice and Department of Children, with formal drafting of the Health (Assisted Human Reproduction) (Amendment) Bill (the "Amending Bill") nearing completion.

Further to our previous article (Minister for Health secures approval for amending legislation to the Health (Assisted Human Reproduction) Act 2024), the most significant areas to be addressed by the Amending Bill deal with providing clarity for Irish residents or citizens undertaking AHR procedures abroad, addressing issues such as parentage and citizenship in respect of surrogacy arrangements as well as donor-assisted conception. Once commenced, the legislation will also see the establishment of the Assisted Human Reproduction Regulatory Authority to oversee the sector.

Speaking to these key legislative developments, Minister Carroll MacNeill said:

"Intensive work is underway to publish this legislation as soon as is practical.

One critical piece in the AHR jigsaw is the establishment of a Regulatory Authority. Good progress has been made in relation to the establishment of the Assisted Human Reproduction Regulatory Authority. The recent campaign for appointment to State Boards has now closed and suitable candidates have been identified. I hope to be in a position to make appointments to the Board very soon. The recruitment campaign for the Chief Executive Officer of the AHRRA is also underway, and we will soon reach another important milestone when we announce the successful candidate for this role."

While Minister Carroll MacNeill has not provided a definitive timeline for commencement of the AHR legislation, it is hoped the Government's autumn legislative programme, to be published in September, will give an indication as to when the Amending Bill is expected to undergo pre-legislative scrutiny.

General information on public fertility services and on publicly funded AHR Treatment is available on the HSE website.

Written by: Dena Keane, Zoe Richardson and Katie Mollen