Ms Fiona Duffy:

First, many surrogate mothers do not wish to remain on the birth certificate. My understanding is that they are happy to go on the birth certificate if it will facilitate legal proceedings in the country of the intending parents. The reality of the situation is that under American or Canadian law the birth mother is not the mother of the child even though she has given birth to the child. From the point of view of the birth mother and getting finality in that relationship, it is important that even if she does go on the birth certificate temporarily, her name could be removed when everything else has been done.

Step-parent adoption may not be a possibility for a person living here because there is a residency requirement. The reason for step-parent adoption being the preferred method for people who live in the United States is that one could have a situation where both men are named on the birth certificate and that is recognised under the law of the state in which they live, but they might travel to a neighbouring state that does not recognise same-sex parents as being parents. Step-parent adoption gives much more security to the second parent because when he goes into the neighbouring state, his adoption order will be recognised even if the birth certificate is not. That, therefore, removes any concerns in respect of his position as a parent. Does that make sense?