Professor Conor O'Mahony:

In the international context, the Senator is correct. The other issue which further confuses this is that this Bill is also dealing with domestic surrogacy. The situation, of course, would be slightly different with respect to domestic surrogacy and a decision would need to be made on the domestic surrogacy framework about how the birth certificate addresses that question. In respect of international surrogacy, what the Senator said is exactly right. That creates a further decision to be made on whatever provision is made around how the birth certificate would be handled by the domestic frameworks. Would it be aligned with the position of international surrogacy arrangements or would there be some differential position between the two?

I go back to the key point for me - I do not have a strong view on what exactly the birth certificate says one way or another - that there must be a mechanism for the child to trace his or her identity. There must be some form of register that includes details about the surrogate mother and about any donors that is accessible, as I have already recommended, from birth through the parents initially and then through the child as the child matures. The Senator is correct in saying that arrangements for the registration of births in the other jurisdiction is a matter for that jurisdiction and not a matter for the Oireachtas.