Ms Maud de Boer-Buquicchio:

I thank the Deputy very much. I think what she is referring to in her question is the need for legal certainty as seen from the perspective of the child. I am afraid that is a very risky concept in this context because there are certain considerations. It sounds convincing but at the same time, it does not leave any room for possible best interests determination and, in particular, an assessment of how the process prior to the birth took place and whether there was any coercion. It really would legalise enforceable pre-birth contracts, which include a transfer of the legal parentage at birth. As that is exactly what we do not want, I do not think it is an argument. I do not think we should use it in this particular context.

The other thing I would like to say, which is actually what the Deputy started with, is that it is very important to realise that prohibiting commercial surrogacy is as important as prohibiting sale and, therefore, avoiding the creation of black and grey markets in the practice of surrogacy.