On Tuesday 3 October 2017 the Government approved the drafting of a Bill on assisted human reproduction (AHR) and associated areas of research. Officials in my Department are engaging with the Office of the Attorney General in relation to the process of drafting this Bill. The General Scheme is published on the Department's website and has been submitted to the Joint Oireachtas Committee on Health for review.
The specific provisions relating to surrogacy are outlined in Part 6 of the General Scheme. These provisions outline the specific conditions under which surrogacy in Ireland will be permitted, including a prohibition on commercial surrogacy and a requirement for all surrogacy agreements to be pre-authorised by the AHR Regulatory Authority. The Scheme also sets out a court-based mechanism through which the parentage of a child born through surrogacy may be transferred from the surrogate (and her husband, if applicable) to the intending parent(s).
All persons who are ordinarily resident in the State have eligibility for health services as provided in the 1970 Health Act (as amended). The rights and entitlements of new parents via surrogacy to avail of social welfare is a matter for the Minister for Employment Affairs and Social Protection.