Review of human reproduction Bill calls for greater citizenship rights and parental recognition

Review of human reproduction Bill calls for greater citizenship rights and parental recognition


Oireachtas Committee makes 18 recommendations as part of proposed amendments to Health (Assisted Human Reproduction) Act 2024

Children of Irish citizens born abroad through surrogacy or donor-assisted human reproduction (DAHR) should have the right to become Irish citizens, the Oireachtas Health Committee has said.

Publishing its report on pre-legislative scrutiny of the Health (Assisted Human Reproduction) (Amendment) Bill, the committee made a series of recommendations that it hopes would address concerns around parent rights and equality under law.

Among them are calls for parental leave for surrogacy families, and, in international DAHR cases involving same-sex couple, the recognition in Irish courts of all parents.

The Health (Assisted Human Reproduction) Act 2024 was signed into law in July last year. The primary purpose of the Act is to ensure that assisted human reproduction practices and related areas of research are conducted in a more consistent and standardised way and with necessary oversight.

Pádraig Rice TD

Pádraig Rice TD

The new Health (Assisted Human Reproduction) (Amendment) Bill should address all gaps that have since been identified in the 2024 Act, the Oireachtas Health Committee said.

The Committee’s Cathaoirleach Pádraig Rice said that a fully operational Assisted Human Reproduction Regulatory Authority (AHRRA) would be required to fully commence the legislation.

“From our engagement with families, the Committee knows that the gaps in the legislation leave many without the support and protection they need,” said the Social Democrats TD.

“To address these shortcomings, supplementary legislation is imperative to ensure a comprehensive and inclusive framework that prioritises the rights of the child, facilitates ethical international DAHR practices, and safeguards the rights of Irish citizens abroad.

“It is crucial that any new legislation respects the right to procreate and the right to private and family life, with any State interference being proportional and minimally invasive.”

Other recommendations made include:

  • The Bill should have a child’s rights-based framework. Provision should be made to enshrine the paramountcy of the child’s best interest in granting a parental order or the declaration of parental orders under the 2015 Act and the 2024 Act.
  • In decisions on parentage in relation to surrogacy or DAHR, the courts and decision-making bodies should be provided with some judicial discretion.
  • In cases of Irish citizens living abroad, the Bill should include a process to recognise the parentage of those who had children through surrogacy or DAHR (where such recognition exists).
  • Provision should be made to provide a path to parenthood for Irish citizens returning home who are in same sex couples and whose children were both conceived and born abroad in countries that don’t recognise both same sex parents.

The Cathaoirleach added “Stakeholders and families affected by these issues have been calling for urgent action, and it is hoped that the forthcoming supplementary legislation will provide the clarity and support needed.

“By working together, Ireland can create a fair and compassionate system that supports all families and individuals navigating the complexities of DAHR and surrogacy. I hope the 18 recommendations provided will help shape the drafting of the Bill to ensure it meets the needs of everyone concerned.”



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