Ms Jeannette Woellenstein:

I thank the Senator for her excellent question. She addressed many aspects that are duly considered in, and key to, the Verona Principles. I invite the Senator to look at principle 5, which foresees certain pre-surrogacy protections. The Senator referred to pre-conception and we call those considerations pre-surrogacy protections. I think the committee is very much on the right path in that regard.

Principle 5 deals with pre-surrogacy protections. It calls for screenings, multidisciplinary assessments, informed consent of involved parties and a review of the surrogacy arrangements. It states that all these assessments should be done by independent professionals who have no perceived or actual conflict of interests in the surrogacy.

A distinction is made in these pre-surrogacy protections about the legal issues that should be dealt with to minimise the risk of disagreement concerning the determination of legal parentage post birth. There are other aspects included that are linked with health issues that should be determined. The principle calls for psychosocial suitability assessments, ongoing supports and counselling by independent and qualified professionals for the surrogate mother and the intending parents.

There is also a clause at the end that relates to matters the committee is considering now, which is encouraging. If there are no pre-surrogacy protections in place, there should automatically be a post-birth best interests determination, especially when it comes to the determination and transfer of legal parentage. Principle 5 will give the committee some important responses to the questions the Senator has raised.

Principle 6 deals with the best interests of the child, which should be the paramount consideration. It is a strong principle in all decisions about legal parentage and parental responsibility of a child born through surrogacy. This principle refers much more to the post-birth best interests assessments and determinations.

Many answers can be found in this principle. There are also references to international surrogacy arrangements. Best interest determinations should take place if there is at least one country involved that prohibits surrogacy.

The Senator raised other concerns. The Verona Principles are based on the premise that, where surrogacy occurs, it creates and severs relationships. As such, there should be openness in relationships and, where appropriate, they should be valued and sustained. There is this element of transparency in many of the principles. For example, principle 11 refers to the protection of identity and access to origins. It takes a strong position on access to information and the importance of the surrogate mother as well as the persons providing human reproductive materials. It calls for the provision of verified and accurate identifying information and for participants to agree to the transmission of that information before entering the arrangement. It encourages open surrogacy arrangements as an important safeguard for identity rights and access rights. It also encourages post-birth contact.

During our discussions and negotiations, we dealt with concerns for the surrogate mother extensively. There is a specific principle calling for her consent prior to entering the arrangement, during the pregnancy and post birth. This is principle 7. Confidence in the integrity of the surrogacy arrangement's circumstances is crucial for respecting children's rights. This principle on the consent of the surrogate mother also contains certain eligibility criteria to ensure that hers is a self-determined choice and she exercises free and informed decision making.

I hope that I have responded to the Senator's main concerns.