Mr. Brian Tobin:

The Bill indicates that if the surrogate does not consent to a legal assignation of parentage, she will be the child's legal mother. I take issue with this provision because the Bill is only regulating gestational surrogacy. In MR v. An tÁrd Chláraitheoir, the surrogate was the sister of the infertile woman and the genetic material was provided by the husband and wife. I take issue with a surrogate in those circumstances being allowed to remain the child's legal mother should that surrogate refuse to consent to a legal assignation of parentage. If it were a traditional surrogate it would be more understandable, but not in the case of a gestational surrogate. That is a problem with the legislation.