This summer legislation regulating assisted human reproduction (AHR) and surrogacy arrangements was approved by the Oireachtas.
The Health (Assisted Human Reproduction) Bill 2022 regulates, for the first time, a wide range of practices including gamete and embryo donation for AHR and research, pre-implantation genetic testing of embryos, posthumous AHR, and embryo and stem cell research.
Only the biological fathers of children born via surrogacy have been recognised as the parents in Irish law. The mothers, or in the case of same sex male couples second fathers, have only been able to get guardianship of their children.
Once the bill has been signed into law, these parents can apply to the High Court for parental orders to secure parentage.
The legislation will cover both domestic and international surrogacy, making Ireland the first country to enshrine the International Social Service’s Verona Principles.
It will ensure that surrogacy is standardised and has oversight enforcing strict statutory provisions regarding gamete and embryo storage, research and testing.
Minister for Health Stephen Donnelly has welcomed the passing of landmark surrogacy and Assisted Human Reproduction (AHR) legislation, “Another key feature of the Bill in this regard is to allow the establishment of an independent regulatory authority for AHR, the Assisted Human Reproduction Regulatory Authority (AHRRA).
“Most importantly this Bill will make a real difference to the lives of so many families. I have listened to families and experts, and I believe that the Bill and the amendments I introduced address many of the key issues raised. Some of the issues that arose during Committee Stage require further consideration. In this regard, I propose to bring forward an amending Bill in the Autumn.”
Fine Gael Senator Mary Seery-Kearney noted that it has been almost 19 years since the Commission on Assisted Human Reproduction first recommended the establishment of a regulatory authority and legislate for surrogacy.
The legal framework will provide the oversight architecture for fertility treatment in Ireland and pave the way for publicly funded fertility treatment in public medical facilities.
It comes as the National Infertility Support and Information Group says they are experiencing an increasing number of people reporting long wait times to access publicly funded IVF.
NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.