Dr. Geoffrey Shannon:

This is another issue we have considered. While I accept what Mr. Tobin is saying, the approach adopted by the Department is sensible. Under head 13(9), a birth mother who is a surrogate will remain guardian of the child until she gives consent that she is not the parent of the child, and her guardianship will be terminated if it is assigned under those proceedings. Otherwise, she will remain guardian until a guardian is appointed. This is a sensible and practical approach which will avoid the situation in which a child is left without a guardian. That is my understanding of the rationale behind this provision. In all circumstances, the birth mother will remain as guardian unless her rights are extinguished by the child's adoption. Those rights cannot be terminated under head 44. It is a difficult question to answer, but there is a logic in the approach being adopted under the Bill. As I said, I am respectful of what Mr. Tobin has said on this issue.