Professor Conor O'Mahony:

In principle, one could include that in the Irish legislation.

It is a little tricky because it kind of gets into the question of to what extent are we seeking to determine in Ireland whether a certain act would be legal in another jurisdiction. It is a little tricky but it could possibly be smoothed over and we could have a position where it would be seen as just the authorisation or green light to the Irish parents that would allow them start on a journey that will lead them to another place later in Irish law. We could have that, acknowledging there would be a certain degree of limitation in the event of it clashing with something in the law of the jurisdiction where the arrangement takes place. Ultimately, that law would have to take priority because it would be the law in effect in that jurisdiction.

My terms of reference for the report required me to look to the international legal framework and output of the UN special rapporteur on the sale and sexual exploitation of children. The UN special rapporteur is quite clear in stressing the importance of having the opportunity for the surrogate mother to have the chance to raise an objection after the child is born.