Donor-Assisted Human Reproduction in Ireland: What the Proposed Amendment Bill Means for Families

Ireland’s legal framework for donor-assisted human reproduction (“DAHR”) has undergone major reform in recent years. Yet for many families who conceive children abroad, particularly through DAHR or surrogacy, legal recognition of parentage remains uncertain.

A new amendment bill entitled The Children and Family Relationships (Amendment) Bill is currently at the Third Stage of the Dail and aims to address these uncertainties and bring much needed clarity for families. In our latest article, Karen Tobin, Partner and Sarah Biggin, Trainee Solicitor review the proposed amendments and their implications.

Legislative Background

The Children and Family Relationships Act 2015, which came into effect on 4 May 2020, introduced statutory recognition for children born through DAHR in Ireland. Under the Act, the donor has no legal parental rights or responsibilities, and the birth mother is recognised as the child’s legal parent. Her spouse, civil partner, or cohabitant may also be recognised as a second parent, provided the necessary written consents were signed before the procedure and the DAHR was carried out in a licensed Irish facility.

For DAHR procedures performed abroad, the Act allows a second parent to apply for a Declaration of Parentage, but only where the procedure was performed before 4 May 2020 and the donor was unknown. Therefore, for DAHR procedures performed abroad after 4 May 2020, there is currently no legal pathway to seek a Declaration of Parentage for the second parent.

The 2024 Act and the Proposed Amendment Bill

To address this issue, the Health (Assisted Human Reproduction) Act 2024 was enacted in July 2024. It represents Ireland’s first comprehensive framework for regulating DAHR and surrogacy. This legislation will allow a second parent to apply for a Declaration of Parentage for a child born in Ireland following a DAHR procedure performed abroad, regardless of whether the donor is known or unknown, provided certain conditions are met.

However,  significant sections of the legislation are not yet operational. Once commenced, it will apply only to procedures performed before the date of its commencement. This means that those who undergo DAHR abroad after its commencement date will not be able to apply for a Declaration of Parentage.

Proposed Amendment to the 2015 Act

In an aim to address these limitations, the Government has approved the general scheme of a new amendment bill entitled the Children and Family Relationships (Amendment) Bill. The Bill aims to:

• Expand pathways to parentage for persons parenting donor conceived children, who do not have legal parenting rights.
• Allow individuals to apply for parentage where their child is born outside of the State, conceived outside of the State, born outside a DAHR facility and where they used a known donor prior to the commencement of the Children and Family Relationships Act 2015.

This bill is designed to fill the legislative gaps that have arisen over time and ensure equal treatment for families regardless of when and where conception occurred.

Conclusion

The much-welcomed proposed reforms will create a more inclusive and consistent framework that reflects the realities of modern family living. By establishing clear procedures for declarations of parentage, the legislation promises to bring long-overdue clarity for families.