Dr. Andrea Mulligan:

It is not "must" but "can". The reason for that is that many European countries deal with surrogacy via adoption. That is kind of just ignoring surrogacy. That is just telling people to go into the adoption process. It is not making a bespoke solution for surrogacy. It can lead to the problems the Senator mentioned if we have people with underlying illnesses. Then, however, say, in the English courts where they have non-compliant arrangements for whatever reason, basically, it is a residual category whereby they will siphon people off towards adoption. As I said, at the moment, that is sort of an open question in Irish law. I cannot comment on the litigation that is ongoing. I think it is relevant but as far as I know, it has not been addressed in Irish law at all.