Health (Assisted Human Reproduction) Act 2024

PART 13

Consequential and other Amendments

Amendment of Irish Nationality and Citizenship Act 1956

226. The Irish Nationality and Citizenship Act 1956 is amended by the insertion of the following section after section 11:

“Citizenship of children born as result of donor-assisted human reproduction procedures or surrogacy

11A. (1) Subject to subsection (2), for the purposes of this Act, ‘parent’ shall include a person who is, under section 5 of the Act of 2015, a parent of a child born in the State.

(2) Where a person who is an Irish citizen is declared under section 21 or 22 of the Act of 2015 to be a parent of a child, the child, if not already an Irish citizen, shall be an Irish citizen from the date on which the declaration is made.

(3) Where—

(a) a parental order is granted in respect of a child, and

(b) an intending parent named in the parental order as a parent of the child is an Irish citizen,

the child, if not already an Irish citizen, shall be an Irish citizen from the date on which the parental order is granted.

(4) This section shall apply to a child born before or after the commencement of this section.

(5) In this section—

‘Act of 2015’ means the Children and Family Relationships Act 2015 ;

Act of 2024’ means the Health (Assisted Human Reproduction) Act 2024;

‘intending parent’ has the meaning assigned to it by the Act of 2024;

‘parental order’ means an order granted under section 66 (1)(a), 103 (1)(a), 205 or 217 of the Act of 2024 for the transfer of the parentage of a child.”.