Dr. Andrea Mulligan:

This ties in with Senator Seery Kearney's question. This committee is only looking at international surrogacy. It is probably not reopening the question of whether domestic surrogacy will allow bigger payments than are currently provided for. In the international sphere, how do we tell good commercial arrangements from bad ones? That is difficult, but it is possible. If one does not try to do it, then there will not be a functioning regime to recognise anyone arising from international surrogacy, because none of those arrangements involves no payments.

What are the core requirements of surrogacy law which are always present? That may include identity protections, the independence of the surrogate, whether she is independently advised, consent issues, whether she has good medical care and whether her contract required her to submit to an abortion against her will, which is a feature of commercial contracts. There are many things to look at. It is not as simple as a payment of money. A moderate approach is achievable but complicated.