The Oireachtas joint committee on health has made 18 recommendations in its report on pre-legislative scrutiny of the Health (Assisted Human Reproduction) (Amendment) Bill.

The bill “must address all the identified gaps” in the Health (Assisted Human Reproduction) Act 2024, which has not yet been fully commenced, it says.

The report recommends that the bill should have a child’s rights-based framework, with provision 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 donor-assisted human reproduction (DAHR), the courts and decision-making bodies should be provided with some judicial discretion, it says.

In cases of international DAHR, the committee recommends that the bill must provide for a mechanism for the second parent to have their parentage recognised.

In cases of Irish citizens living abroad, the bill must include a process to recognise the parentage of those who had children through surrogacy or DAHR (where such recognition exists), it adds.

Provision should also 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, it says.

Pádraig Rice, committee cathaoirleach, said: “The Health (Assisted Human Reproduction) Act 2024 (the 2024 Act) was signed into law in July 2024.

“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 the necessary oversight. 

“Full commencement of the Act will require a fully established and operational Assisted Human Reproduction Regulatory Authority (AHRRA) to be in place.

“From our engagement with families, the committee knows that the gaps in the legislation leave many without the support and protection they need.”

He continued: “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.

“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.”