Dr. Andrea Mulligan:

It is hard to know exactly what that would mean in practice. If we just apply the same rules on domestic surrogacy to international surrogacy, it is very hard to see how that will possibly work because there is a regulatory approval mechanism.

Would the domestic regulator provide pre-approval for international surrogacy? That would seem strange. How could they possibly do that? I do not see how that would work. As I also said, it is a restrictive regime. One would probably be excluding many international arrangements. In any event, one would have to draft a new section in the Bill. This is because the Bill is currently drafted in terms of domestic surrogacy. Even if one were to put in place what I would call the “strict regime”, which would have a mirror image regime for international surrogacy, they would still have to draft a new section called “international surrogacy”.