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The Government should explain what will happen to children whose parents break the law by entering into a commercial surrogacy deal, the Children’s Ombudsman has said.

In her advice to the Minister for Justice on a far-reaching draft law on surrogacy and adoption, Ombudsman Emily Logan said that categorically ruling out the possibility of granting a declaration of parentage in such situations could have the effect of leaving children stateless.

The Child and Family Relationships Bill, which will also permit adoption by same-sex partners, makes it an offence to make or receive any payment in relation to a surrogacy arrangement, other than the birth mother’s reasonable expenses.

The general scheme of the Bill, published in February, states that where the offence is committed, the courts are precluded from making a declaration of parentage. In her observations, however, the Ombudsman said it was not clear who else might be appointed as a guardian for the child, how the denial of parentage would affect the citizenship of the child and whether the child would be left in the care of those who...