The Government's Special Rapporteur on Child Protection has said Ireland cannot prevent other states from continuing to provide commercial surrogacy arrangements.
Speaking on RTÉ's This Week, Conor O'Mahony said there are good reasons as to why it might be preferable to avoid commercial surrogacy and only legislate for altruistic surrogacy.
He also outlined the "reality" that Ireland can only pass laws governing what happens within the jurisdiction and not pass laws that would preclude other states from having commercial surrogacy if that is what they choose.
He will be addressing the Committee on International Surrogacy on Thursday.
He said where Irish couples go abroad, the priority for Ireland has to be on reflecting the best possible standards for the rights of the child born through those arrangements.
Mr O'Mahony said although there are no laws on surrogacy to date in Ireland, there are a significant number of Irish families who have engaged in surrogacy arrangements.
He said it would be important if there is legislation on this, that it provides pathways to recognition of relationships arising out of surrogacy arrangements which occurred before the legislation was enacted.
"The current draft bill does not make that provision..." adding it is something that needs to be looked at.
He said there is no consensus on surrogacy internationally and it does not seem likely there will be in the near future.
"That is why it is really important, we need to address it in our own domestic law rather than depending on what happens elsewhere," he said.
Speaking on the same programme, Social Democrats TD Jennifer Whitmore said there is a lot of concern around the current lack of regulation and it has impacted many families and children.
She said the remit of the Committee on International Surrogacy is to consider all issues around the matter.
She said the issues are legally complex and emotional.
