Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

This is a particularly complex aspect of the legislation. As Deputy Shortall pointed out, the things that can happen, will happen. It has already happened, in fact. The situation could arise where an agreement is entered into in good faith by both parties but for some reason, and there may well be compelling reasons, one or either party could break that agreement. That raises a whole series of issues that I do not know that we have anticipated at this stage without a particular course of action in a series of circumstances. The change may come about as a result of the surrogate, the child and the rights of the child afterwards in the event of one party being removed from the equation for a variety of reasons, perhaps by passing away. It gets very complicated at that stage.

We have all dealt with those cases already and they are not simple to deal with. We have to be very specific on what happens because otherwise we are seen to be unfair to one or other of three parties. If then a third party or relative of either of the parties enters into the equation as well, it makes it even more complicated. I would like to see that issue very well fleshed out with the assurance that we are eliminating as many of the pitfalls as possible. That is all we can do because there will be pitfalls.