May 2024 – the Health Assisted Human Reproduction Bill passed report stage in the Dáil. The Bill now moves to the Séanad which is the next stage of the legislative process.

Applications for Parental Orders for Past Surrogacy Arrangements (Retrospective)

As at today’s date, applications for Parental Orders for Past Surrogacy Arrangements (Retrospective) must meet with the provisions in the Bill, including, but not limited to, the following:

1. The Agreement between the Intending Parents and the Surrogate must be signed before the commencement date of the provisions which allow for the applications for parental orders.
2. The embryo transfer must have taken place also before the commencement of these provisions.
3. The Surrogate and Intending Parents must meet the habitual and lawful residence requirement in the Bill.

The Assisted Human Reproduction Regulatory Authority (“the Authority”)

The Minister will appoint a date for the establishment of the Authority. After that date, permitted surrogacy arrangements must have been approved by the Authority before any assisted human reproduction treatment commences.

As it stands today, the Bill does not include provisions detailing the requirements that a surrogacy arrangement must comply with during the period of time after commencement of the provisions contained in the Bill which provides Intending Parents with an opportunity to apply for parental orders for past arrangements and before the establishment of the Regulatory Authority when pre-approval is required.