Parents Urge Government to Enact Health (Assisted Human Reproduction) Act 2024 Promptly
Parents of children born through surrogacy are pressing the Irish Government to immediately enact the Health (Assisted Human Reproduction) Act 2024. The current law creates legal and practical challenges for families, as children lack full recognition of both parents. Supplementary legislation is also being drafted to cover all surrogacy arrangements.
Parents of children born via surrogacy are urging the Government to promptly commence the Health (Assisted Human Reproduction) Act 2024. The Irish Families Through Surrogacy (IFTS), a parent-led voluntary advocacy and support group, is scheduled to host a briefing for Oireachtas members this afternoon to underscore the critical need for comprehensive Irish surrogacy legislation.
Under current Irish law, children born through surrogacy lack full legal recognition of their relationship with both parents, a situation IFTS identifies as generating substantial legal and practical difficulties for affected families. The Health (Assisted Human Reproduction) Act was signed into law by the previous government in July 2024, and its commencement is a stated commitment within the current Programme for Government. The legislation's primary objective is to regulate fertility clinics, ensuring that assisted human reproduction and associated research areas are consistent and standardized.
Despite its enactment, many provisions of the 2024 Act remain unenforced, and certain surrogacy arrangements are not encompassed by its scope. Supplementary legislation has been drafted to extend legal protection to all children born through surrogacy, specifically addressing outstanding issues of parentage and citizenship. This amending legislation, which has undergone further consideration and consultation with the Office of the Attorney General, is reportedly at an advanced stage, guided by the Office of the Parliamentary Counsel and officials from the Departments of Health, Justice, and Children.
The Government considers the establishment of an Assisted Human Reproduction Regulatory Authority (AHRRA) a crucial element for regulating the sector, and this process is currently in progress.