The Government has approved policy proposals on International Surrogacy and the recognition of past surrogacy arrangements.
The intention is that once drafted, the finalised new legislative provisions - which will need to be further approved by Government - will be inserted into the Health (Assisted Human Reproduction) Bill 2022 Bill at Committee Stage.
Today's Government decision follows the establishment by Minister for Health Stephen Donnelly, Minister for Children Roderic O'Gorman and Minister for Justice Helen McEntee of an Inter-Departmental Group to develop legislative amendments following the Joint Oireachtas Committee on International Surrogacy, which reported in the summer.
Key principles underpinning the Government's proposals are, according to the ministers, the protection of the rights of all children born as a result of surrogacy arrangements and the safeguarding of the welfare of surrogate mothers.
Minister Donnelly said: "The policy and draft outline legislative proposals approved by Government today have the potential to provide hundreds of Irish families with a route to formal recognition by the State of the surrogacy arrangements they have undertaken, or will undertake, in other jurisdictions."
He said they had endeavoured to implement - in so far as possible and appropriate - the proposals of the Special Joint Oireachtas Committee on International Surrogacy and have accepted the majority of the committee's recommendations.
Irish families through surrogacy, who represent parents of children born through surrogacy, have welcomed the news.
'Complex constitutional legislation'
Asked for a response to criticism made by a High Court Judge this morning regarding the pace of the Government's handling of the regulation of international surrogacy, Health Minister Stephen Donnelly said it was "an unusual comment" on a day when government "has just brought through quite an historic memo that deals with all of these issues".
High Court judge, Mr Justice John Jordan, said he was not sure those responsible appreciated the urgent need for legislation that the Supreme Court said 13 years ago was necessary.
Speaking to journalists, Minister Donnelly said the Government had taken the issue very seriously through the creation of an Oireachtas committee that examined the issue of surrogacy.
He said that committee did an excellent job and that they reported to the Minister "just in July".
Minister Donnelly said it was complex constitutional legislation and in a short number of months, the Heads of Bill had been moved and a report agreed on by government.
The Minister for Health said legislative drafting would be worked on immediately and added that he looked forward to going back into committee stage on the Assisted Human Reproduction Bill early in the new year, with important new amendments on surrogacy.
"We can only speak for this government. I can tell you this government has taken this very seriously, has prioritised this from day one," he said.
Asked if he expected to be the Minister for Health that would see the legislation over the line, he said that while he would love to be the Minister to see the legislation through, it was entirely a matter for the Taoiseach.
'A Christmas miracle'
Cathy Wheatley of Irish Families through Surrogacy described the Government's announcement as "a Christmas miracle".
She said that to think that their children would be recognised in the eyes of the state was a miracle.
"We didn't know this day would ever come - that the Irish state would recognise our families" she said.
Speaking outside Government buildings, surrounded by other parents, she said that everyone there knew the struggle of surrogacy.
Ms Wheatley said that not being recognised has been "heartbreaking".
"This will be the last Christmas morning, that when my twins say Mammy, I don't have a stab in my heart that I'm not legally recognised as their mummy."
She said the greatest wish of all families standing outside Government buildings today was for the protection of their children, their mothers and families.
The group thanked Senator Mary Seery Kearney who is the mother of a seven-year-old child, also born through surrogacy.
The Fine Gael Senator expressed gratitude to all the families that opened their lives to highlight the vulnerability in which they live.
"Mine is seven, and I hope with a bit of luck, certainly by her 9th birthday that the law in Ireland will recognise me as her mother and that's incredible."
