THERE WERE EMOTIONAL scenes outside Leinster House today as families gathered to mark the Assisted Human Reproduction Bill passing all stages in the Oireachtas. 

The bill deals with fertility treatments for couples and single people and also provides a legislative framework for surrogacy. 

Prior to this, there were no laws in Ireland governing domestic or international surrogacy.

The complex legislation will also regulate a range of practices, including gamete and embryo donation for assisted human reproduction and research, preimplantation genetic testing of embryos, posthumous assisted human reproduction and and embryo and stem cell research.

It will also ensure that any clinic providing AHR treatment within the State must hold a licence granted by a new authority, which will be established under this law.

Once President Michael D Higgins signs the bill into law, parents of children born through surrogacy can apply for parental recognition for the first time.

Families embraced this afternoon, many in tears as the news reached them that the legislation had been passed in the Seanad. 

Catherine Wheatley, spokesperson for Irish Families through surrogacy, broke down in tears while holding her child, saying she is their mother “and that’s all that matters”, before she reached out and hugged Health Minister Stephen Donnelly. 

Emotional scenes outside Leinster House after the Assisted Human Reproduction legislation which addresses surrogacy and IVF completes its passage through the Oireachtas. pic.twitter.com/hAqoyopae8

— Christina Finn (@christinafinn8) June 26, 2024

The minister said there are thousands of children born through surrogacy who have been waiting for their parents to be recognised as such under Irish law. 

He told the children and their parents that “today is your day”. 

To people who are looking to use IVF and surrogacy in the future, Donnelly said the government understands “the difficulty, the expense, the heartache and the challenges involved”, but that through this new law, “you too can have your beautiful and joyous day”. 

‘Today is your day’ Health Minister Stephen Donnelly tells the families gathered at Leinster House today.

Surrogate families will be able to apply for parental recognition now under this legislation. pic.twitter.com/ZI7Smeh83I

— Christina Finn (@christinafinn8) June 26, 2024

One of the most important features of the Bill is to allow for the establishment of an independent regulatory authority for AHR, the Assisted Human Reproduction Regulatory Authority, which Donnelly said he wants expedited.

The new rules, regulations and provisions of this legislation will provide clarity and peace of mind, he said. 

Fine Gael Senator Mary Seery Kearney, who had her own daughter through international surrogacy, has been one of the driving forces behind the legislation over the years. 

“Within this legislation, there is that pathway for me to make an application and become the parent, the lifelong parent acknowledged, of my child,” she said. 

Senator Mary Seery-Kearney says days in politics don’t get better than this. pic.twitter.com/3vMK44jQjc

— Christina Finn (@christinafinn8) June 26, 2024

The law means “I will have a legal relationship with my child until my last breath, which is all I ever wanted”, said the senator.

“Today is a long day coming,” she said, stating that the fight for this recognition has been going on for 19 years. 

Related Reads

Cabinet to approve legislation that will approve and recognise surrogacy arrangements

Cabinet approves international surrogacy policy proposals with aim of giving 100s of families a 'route to recognition'

Opinion: Ireland's outdated definition of 'Mother' leaves thousands of families in limbo

The minister acknowledged that there was still work to do on some matters, such as for Irish citizens living abroad who had children through surrogacy.

“They’re children must have and will have full citizenship rights,” he said, adding that hte work will continue.

Pádraig Rice, Policy and Research Manager with LGBT Ireland, who “today is a day of mixed emotions for many in the LGBTQ community in Ireland”. 

“It’s disappointing that the government didn’t take this opportunity to include full family rights for donor-conceived children who were conceived or born abroad. This is an issue that we will continue to campaign on. We promise the affected families that we will continue to fight on their behalf until this gap is fixed,” he said.

The Bill has been 20 years in the making and a long road has been travelled, he said, but added there are many more miles to go before all LGBT families are treated equally.

Ranae Von Meding, CEO of Equality for Children said today was a missed opportunity by the government to ensure that all LGBTQ+ families were covered, stating that the group will not stop campaigning until every child in Ireland is treated equally regardless of the sex of their parents or how, where or when they were conceived and born.

Seamus Kearney Martone, Chair of Irish Gay Dads said during Pride Month, the LGBTQ community feels profoundly let down by the government.