WOMEN’S HEALTH

Landmark court ruling in surrogate case

Source: IrishHealth.com

March 5, 2013

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  • THE genetic mother of twin girls born to a surrogate mother - her sister - has won a legal battle to be recognised as the children's legal mother.

    Mr Justice Henry Abbott in the High Court ruled that the genetic mother was the legal mother and that the genetic mother and the children were entitled to have this recorded on the birth certificates.

    Using her embryos, the children had been born to the genetic mother's sister.

    The Court ruled there was nothing in Irish law that confirmed that 'motherhood is always certain'.

    Mr Justice Abbott rejected a claim by the State that that the 'pro-life' amendment to the Constitution confirmed the birth mother as the legal mother.

    The genetic mother and her husband took the court case after a request was refused for the genetic mother to be recorded on the children's birth certs.

    The State had claimed only the birth mother could be declared the legal mother.

    The couple's solicitor said it was now hoped that new legislation in relation to surrogacy would now be introduced.

    © Medmedia Publications/IrishHealth.com 2013