I move amendment No. 47: In page 78, to delete lines 16 and 17 and substitute the following: “(a) the law of the jurisdiction relating to surrogacy, including whether or not that law— (i) permits a commercial surrogacy referred to in section 93 , and (ii) requires intending parents or one of them (or, in the case of a single intending parent, that intending parent) to be resident or domiciled in the jurisdiction;”. This amendment adds a provision in respect of the matters which the regulatory authority should have …

I move amendment No. 48: In page 80, to delete line 35 and substitute “specified in section 107(2) ;”.

I move amendment No. 49: In page 81, line 13, after “satisfied” to insert “, based on the information available to the AHRRA,”.

I move amendment No. 50: In page 83, line 5, to delete “subject to the provisions of the Assisted Decision-Making (Capacity) Act 2015,”.

The discussion was considered, as were the two similar amendments, and I thank both Deputies for tabling them. I understand that the intention is to seek a derogation for medical practitioners from the prohibition on knowingly providing a service that is to give effect or further effect to non-permitted international surrogacy. There are two points I want to make. First, section 89(5) already gives an exemption in regard to medical treatment for a pregnant woman, that is, there is a full exemption if the woman is p…

I understand why the amendments were tabled but I reiterate what I said. This is a very marginal protection and safeguard that provides that, if intending parents go to a medical practitioner and say they are intending to proceed with a non-permitted surrogacy and want his or her medical help in proceeding with that, the medical practitioner will not be able to do that. The intending parents will need to be compliant with the strictures we are putting in place. I have a lot of sympathy for the points being made but…

That is fully covered. There is a full exemption once a woman becomes pregnant. It will only be beforehand that this will apply.

To a pregnant woman, there is a total exemption. A medical practitioner can provide any advice in that case.

That will apply only if the medical practitioner is told. If the intending parents say that they are about to do something which is not permitted under law and that they want the practitioner to facilitate that with them-----

The only situation where it is an offence is-----

-----where they knowingly do it.

I move amendment No. 53: In page 86, to delete lines 2 to 7 and substitute the following: “(i) the specified form of a surrogacy agreement (SJ) shall require, in the case of two intending parents, each of them to indicate that he or she understands that, should the agreement be approved under this section but he or she dies before the embryo transfer concerned has been effected, such approval will be treated as revoked from and including the date of death, and”.

I move amendment No. 54: In page 87, between lines 17 and 18, to insert the following: “(7) In the case of two intending parents, should a surrogacy agreement (SJ) be approved under this section but an intending parent dies before the embryo transfer concerned has been effected, such approval shall, by virtue of this subsection, be treated as revoked from and including the date of death, and the other provisions of this Act shall be construed accordingly.”.

I move amendment No. 55: In page 87, lines 26 and 27, to delete “a registered medical practitioner” and substitute “an appropriate medical specialist”.

I move amendment No. 56: In page 87, line 29, to delete “a registered medical practitioner” and substitute “such specialist”.

I move amendment No. 57: In page 87, line 33, to delete “pregnancy” and substitute “clinical pregnancy”.

I move amendment No. 58: In page 87, between lines 33 and 34, to insert the following: “(b) In paragraph (a)— “clinical pregnancy” means a pregnancy not less than six weeks in gestation and in respect of which there is evidence of a gestational sac having been identified through an ultrasound scan;”.

I move amendment No. 59: In page 87, line 34, to delete “(b) In paragraph (a) ,”.

I move amendment No. 60: In page 90, line 8, after “any” to insert “net”.

I move amendment No. 62: In page 94, line 24, to delete “ (8) ” and substitute “ (7) ”.