Minister for Health secures approval for amending legislation to the Health (Assisted Human Reproduction) Act 2024

Further to our previous article (Update: Landmark Health (Assisted Human Reproduction) Bill 2022 passes final stage in Dáil Éireann), the primary Act regulates domestic altruistic surrogacy and sees the establishment of a new regulatory authority, the Assisted Human Reproduction Regulatory Authority ("AHRRA") to oversee the sector, which has been large unregulated to date. While commencement of the Act has yet to take place, it is a key stepping stone in embedding safe and appropriate clinical donor-assisted human reproduction ("DAHR") practices in Ireland.

The most significant areas to be addressed by the Amending Bill will deal with providing clarity for Irish residents or citizens undertaking DAHR procedures abroad. The aim will be to provide clarity through the establishment of legal pathways for these families, specifically in relation to parentage and citizenship rights.

Declaration of Parentage

One of the key provisions of the intended legislation will be the establishment of a process to allow Irish residents who undertake a DAHR procedure abroad to apply for a declaration of parentage in respect of a child born as a result of such a procedure.

This is to be achieved through the insertion of new provisions to the Children and Family Relationships Act 2015, and will include a requirement that identifying donor information be recorded and made accessible to donor-conceived children on or after their 16th birthday, if they so wish, ensuring they have access to their genetic origins.

Recognition of parentage for Irish citizens domiciled abroad

The Amending Bill will also create a pathway for Irish citizens domiciled abroad, who have undertaken DAHR or surrogacy in other jurisdictions, to have their parentage legally recognised in Ireland. 

Speaking after the Cabinet meeting on 08 October 2024, Minister Donnelly stated:

“Following the passing of the ground-breaking Health (Assisted Human Reproduction) Act 2024 in July, I committed to review areas that required further consideration. As promised, I am now pleased to announce that Government has approved the General Scheme of the Amending Bill. I look forward to continuing this work and drafting a Bill which will have an important impact on families with children born through DAHR procedures abroad.”

Minister for Justice Helen McEntee said that while the Act has secured the route to full parentage for many families across the country, "the complexities of this area meant it was not possible to address everything in the Act. The new Bill is aimed at making the legislation concerning assisted human reproduction as inclusive as possible". She further stated:

"It seeks to protect the rights of the child to knowledge of their full identity, and of the surrogate mother, which must be of primary concern. It also protects families who may have undergone DAHR or surrogacy outside Ireland. In line with the Health (Assisted Human Reproduction) Act 2024, the new Bill will also provide safeguards to protect the rights of a surrogate mother, including from the risk of human trafficking and exploitation.

Significantly the Bill will include clear provisions for the entitlement of Irish citizenship for children of Irish parents. For intending parents knowing that their child’s right to Irish citizenship is secured will be a very positive development".

Once passed, the amending legislation will offer comprehensive protections and clarity for families engaged in DAHR and surrogacy, both in Ireland and abroad, addressing long-standing legal and procedural gaps.

The Health (Assisted Human Reproduction) Act 2024 is available here.

Written by Dena Keane.