David Cullinane (Waterford, Sinn Fein) | Oireachtas source

I thank the Minister for the confirmation of my understanding of the situation. Perhaps I could hear from one of the officials what the process is so that we are clear. An agreement has to be reached or entered into by the intending parents and the surrogate at the earliest stage, which raises the question of what legal standing the agreement has. Built into the agreement, as the official said, is an acceptance from the surrogate mother that the intending parents would also be guardians in that intervening period. What status does that have, can it be challenged and how? Obviously, the parental order is a matter for the court and that is a separate matter that will come at whatever point it comes but it is important for us to get clarification on the issue of the intervening time period. I understand there is a process and an agreement. The agreement is entered into by all parties who agree that all three individuals have guardianship until the point of a parental order. What is the status of that, can it be challenged, how can it be challenged, in what circumstances can it be challenged and what would the rights of the surrogate be to challenge that, notwithstanding the agreement entered into? That is an important issue to tease out. Perhaps the Minister could provide a bit more clarity on exactly how that process works. If it could be given now, it would be helpful.