Government moves forward with amendments to Assisted Human Reproductive Act ‘as promised’

Minister for Health, Stephen Donnelly, has secured government approval to draft amendments to the Assisted Human Reproduction (AHR) Act

The amendments aim to provide clarity and establish legal pathways for these families, particularly concerning parentage and citizenship rights.

One of the key provisions of the new legislation will be the establishment of a formal process for Irish residents who have undergone DAHR procedures abroad. 

This will allow them to apply for a declaration of parentage for children born as a result of these procedures. 

To achieve this, new provisions will be added to the Children and Family Relationships Act 2015. 

Additionally, the legislation will include a requirement that donor information be recorded and made accessible to donor-conceived children once they turn 16, ensuring the child’s right to know their genetic origins.

The 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. 

This will provide much-needed legal clarity for families in these circumstances.

Speaking after the cabinet meeting, Minister Donnelly expressed his satisfaction with the progress:  

“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 Roderic O’Gorman also welcomed the decision:  “The Amending Bill will provide clarity for families seeking declarations of parentage for their children born through DAHR procedures undertaken abroad. 

“Importantly, the General Scheme seeks to ensure a high level of safety for such DAHR procedures, with a strong emphasis on protecting a donor-conceived child’s right to identity.”

Minister for Justice, Helen McEntee, highlighted the significance of the amendments for surrogacy rights and citizenship:  “Today marks an important step forward for surrogacy, with Government approval of the General Scheme of the Health (Assisted Human Reproduction) (Amendment) Bill 2024. 

“The new Bill seeks to protect the rights of the child, ensuring their full identity is respected, while also safeguarding the surrogate mother from risks such as human trafficking and exploitation. 

“For many families, securing their child’s right to Irish citizenship will be a very positive development.”

Once passed, this Supplementary Bill will offer comprehensive protections and clarity for families engaged in assisted human reproduction and surrogacy, both in Ireland and abroad, addressing long-standing legal and procedural gaps.

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