LGBT Ireland and Equality for Children welcome the announcement from the Minister for Health that Section 232 of the Health (Assisted Human Reproduction) Act 2024 will be commenced on 20 April 2026. This long-awaited measure represents an important step forward for equality for some LGBTQI+ families. However, both organisations stress that significant gaps remain, leaving many LGBTQI+ families without legal protection.
Anne Byrne, CEO of LGBT Ireland says
“We welcome the news that Section 232 will be commenced. It is one step forward towards ensuring equality for children of LGBTQI+ parents. We urge the Minister to continue this positive path – at pace – by amending and commencing the AHR Act and ensuring that all children born to LGBTQI+ parents have their rights vindicated and their families recognised in the eyes of the law. Children and parents have been waiting too long for equality.”
“This progress has come about due to the tireless work of the parents who, at huge personal toll, have advocated and fought for years for their children. Despite that toll, they continue to champion the rights of all children, not resting until all LGBTQI+ families are equal. It’s time now for the Government to let them rest. The government needs to do the right thing, fulfil its promises, and deliver legislation that covers all LGBTQI+ families.”
Elaine Cohalan, Chair of Equality for Children says
“Since we formed in 2019, Equality for Children has been advocating for this amendment. The Children and Family Relationships Act, 2015 was groundbreaking legislation that for the first time recognised LGBTQI+ families in Ireland providing a pathway for some same-sex female couples to be legally recognised as the parents of their children. However, many families were left behind. Today more families have been brought in from the cold and can now plan their lives without this worry and fear around their necks. We are grateful to the Minister for Health for commencing this section of the legislation and look forward to soon seeing more and more families come in from the cold. We are committed to continuing to work with the Minister and her colleagues to address the many other legislative gaps that exist for children of LGBTQI+ families”
Ranae von Meding, CEO of Equality for Children says,
“Eleven years ago, Ireland voted yes to equality. Families believed that promise would include legal security for our children. Next month, many families will finally have a moment they have waited for, for decades in some cases. We need to ensure that the Government continues on with the promises that were made to our families, and brings forward the amending legislation as a matter of urgency. So many families, including mine, will remain in a legal limbo until this happens. It’s important to note that many families never got to see this day. Many parents have passed away, even over the last year, and the delay in commencing Section 232 has robbed them of having that opportunity. It’s something we should all learn from. Families and children do not always have the time to wait on the achingly slow progress of the government.”
Notes to the editor:
This week the Minister for Health, Jennifer Carroll MacNeill confirmed through two Parliamentary Questions (one from Ivana Bacik TD and another from Pádraig Rice TD), that Section 232 of the Health (Assisted Human Reproduction) Act 2024 (AHR, 2024) will be commenced on 20 April, 2026.
What does Section 232 of the AHR, 2024 do?
Section 232 of the AHR Act amends the Children and Family Relationships Act, 2015 (CFRA, 2015) to allow children of conceived prior to 4 May 2020 who were conceived:
- through Intracervical Insemination (ICI) or, as it is more commonly known, at-home insemination; or
- using a known donor; or
- both
to form a legal relationship with their non-birth parent for the first time. This most typically applies to some same-sex female couples. Parents of children who fall into these categories can seek a declaration of parentage through the Courts. If they successfully receive a declaration of parentage, they can apply to have their child’s birth certificate updated.
Who does this impact?
This most typically impacts same-sex female couples, whose children were conceived before May 2020 outside of a fertility clinic. The majority of same-sex female couples do not have fertility issues and don’t require specialist fertility treatment in order to conceive.
Fertility treatment in Ireland is expensive and largely delivered by privately run fertility clinics. Since 2023, there has been some state support for fertility treatment in Ireland, However, that state support is not yet available to any same-sex couples.
Before 2015, there was no legislation enabling same-sex female parents to be recognised as parents of their donor-conceived children. As there was no legislation, fertility clinics were largely hesitant to offer treatment to same-sex female couples.
Before 2015, the use of known donors in fertility treatment in Ireland was not something that was commonly practiced. Generally, this meant that same-sex female couples could only use donors through approved international sperm banks and could not choose a donor that they knew.
For these reasons (affordability, availability, and the inability to choose a known donor), many same-sex female couples have historically not been able to conceive their children through fertility clinics. The Children and Family Relationships Act, 2015 introduced a mechanism to recognise some families but children conceived outside a fertility clinic were excluded
Now, for the first time, that has changed and hundreds of families, some of whom have adult children, can have their families recognised in law and their rights vindicated.
Where can families get more information?
LGBT Ireland and Equality for Children have published this booklet to support families impacted with the information they need to apply for declarations of parentage. If you are unsure of your status, please seek legal advice.
About LGBT Ireland and Equality for Children:
Equality for Children, a grassroots campaign launched in October 2019, campaigns for equality for all children of LGBT+ families in Ireland. It was started by a collective of concerned parents and allies, who were tired of waiting for their children to be given the legal equality that they deserve.
LGBT Ireland is the national charitable organisation for LGBTQI+ people and their families. We are working to improve the visibility, rights and inclusion of all LGBTQI+ people in Ireland. Our ambition is an Ireland where LGBTQI+ people, in all their diversity, can live full, safe, authentic, and celebrated lives.