By:  Annette Hickey

Surrogacy: The Assisted Human Reproduction Legislation – Where Are We Now?

  • 2017 – The General Scheme of the Assisted Human Reproduction Bill was approved by Government in October 2017.
  • 2022 – The Health (Assisted Human Reproduction) Bill was published.
  • 2024 -The Health (Assisted Human Reproduction) Act 2024 was enacted.

The 2024 Act includes provisions relating to domestic and international surrogacy after the Regulatory Authority is established.

The 2024 Act also includes provisions relating to applications for parental orders for past domestic and international surrogacy arrangements (where the embryo transfer has taken place before the commencement of these provisions, by the Minister for Health).

The 2024 is acted, but it is not yet commenced. There is no definitive timeline as to when the Health (Assisted Human Reproduction) (Amendment) Act 2024 will be commenced.

This long-awaited amending bill is hoped to address and clarify a number of important areas that were not addressed in the 2024 Act. The Government has stated that the drafting of the amending bill “requires further consideration and consultation with the Office of the Attorney General”.

The General Scheme of this Bill has not yet been published.

THE HEALTH (ASSISTED HUMAN REPRODUCTION) (AMENDMENT) BILL

On the 8th of October 2024, the Minister for Health got approval from Government to commence the drafting of this amending Bill.

As of the current date, September 2025, this Bill is in the process of being drafted.

There is no definitive timeline as to when the Health (Assisted Human Reproduction) (Amendment) Bill will be drafted, enacted or commenced.

THE ASSISTED HUMAN REPRODUCTION REGULATORY AUTHORITY

In April 2025, the Minister for Health advertised for positions of the board of the Regulatory Authority.

There is no definitive timeline as to when the Regulatory Authority will be established.

We understand that the intention of the Government is to enact and commence the amending bill, commence the 2024 Act and complete the establishment of the Regulatory Authority at the same time.

If you have any concerns about the progress of this important legislation, please note those concerns to your local political representatives. We encourage you to also share your stories with the advocacy groups who are working on your behalf to progress the legislation.

If you have any questions regarding how your surrogacy journey (past, present or future) might align with the legislation, please do not hesitate to contact our team:

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Written by:  Annette Hickey

Annette has exclusively practised family law in the litigation department for the past 10 years and heads up the firm's Surrogacy & Fertility law team.

She is highly respected and regarded for her expertise and knowledge of fertility law, surrogacy and same-sex family matters. Diligent, thorough and empathetic, Annette brings a wealth of experience, sensitivity and understanding to our team.

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