CABINET IS TO approve far-reaching legislation relating to surrogacy and assisted human reproduction today.
Health Minister Stephen Donnelly will bring a memo to Cabinet on the Assisted Human Reproduction (AHR) Bill, which would provide standards and regulation of reproductive healthcare and fertility technologies in Ireland. It also deals with the issue of domestic surrogacy.
Ministers are expected to approve proposed committee stage amendments to the proposed legislation, that passed second stage in the Dáil last year.
The Bill was paused to allow for the insertion of new provisions in respect of the regulation of international surrogacy agreements and the recognition of certain past surrogacy arrangements.
Following extensive work involving a number of government departments, it is now proposed to insert a number of complex provisions into the legislation that will have the potential to provide hundreds of Irish families with a route to formal recognition by the State of surrogacy arrangements they have undertaken, or will undertake, in other jurisdictions.
The proposed law also seeks to ensure that any AHR practices and related areas of research are conducted in a more consistent and standardised way and with the necessary oversight.
It also aims to protect the safety and rights of the child, but also all various parties involved in a surrogacy arrangement.
Government believes that no other state has attempted to provide such a bespoke and comprehensive legislative solution to the issues arising from international surrogacy.
The original bill did not include the regulation or provision of international surrogacy.
A Special Joint Oireachtas Committee was set up to examine the issue and deliver a number of recommendations.
The legislation will now be amended to deal with international surrogacy arrangements – namely that they will be pre-approved by the new Authority/Regulator, and that a post-birth Circuit Court process will grant a parental order.
The legislation will also contain provisions on retrospective recognition of surrogacy arrangements. It will provide that the High Court may grant a parental order on the basis of a number of criteria being met, including a determination by the court that it is in the best interests of the child.
Currently, there are no laws in Ireland to govern either domestic or international surrogacy.
Most surrogacies involving Irish people are commercial arrangements undertaken outside the State.
Families have consistently called for government to progress with legislation to provide for parental status in Ireland in international surrogacy arrangements.
Under Irish law, the biological or genetic father of a child born through surrogacy may apply for a declaration of parentage in respect of the child, but the “intending mother” – because she is not the birth mother of the child – is not entitled to apply for the same declaration of parentage.
Once approved by Cabinet the amendments will be referred to the Oireachtas Committee on Health for Committee Stage and this process is likely to begin in January.
Separately, Cabinet is expected to sign off on a number of changes to the supports offered to Ukrainian refugees.
Coalition leaders discussed and agreed that those in state-provided accommodation will have their social welfare supports reduced from €220 to €38.80 per week.
Limits on the time spent in state accommodation will also be introduced so as to bring Ireland more in line with other EU countries.
Meanwhile, Education Minister Norma Foley will bring a memo on a new strategy to promote lifelong career guidance.
The National Strategic Framework for Lifelong Guidance is about providing a combination of information, advice and counselling services that can enable learners and potential learners to make better choices about their learning pathways and career.
Due to the changing patterns of work, there is a demand for people to upskill, reskill and learn throughout life for different careers and jobs.
The new strategy will be delivered by five government departments in particular – Department of Education (career guidance in schools), Department of Further and Higher Education (career guidance in college, adult education, Youthreach etc), Department of Enterprise (guidance on labour market skills) Department of Children (career guidance for people with disabilities) and Department of Social Protection (advice to jobseekers). The action plan and strategy are expected to be published in the coming weeks.
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