Decision
in the Case of M.R & Anor -v- An tArd Chlaraitheoir & Ors
A landmark case has been won by the
genetic mother of twins born through a Surrogate. Mr Justice Henry Abbott ruled
that the genetic mother is entitled to be listed as a mother on the twins’
birth certificates. The decision will be cause for celebration for many parents
across the country where their genetic child was born via a surrogate.
However, for those not fortunate
enough to have a genetic link to their child their rights still remain unclear.
The case before the High Court was as straightforward a surrogacy arrangement
as one could hope for. The commissioning parents were the genetic parents of
the child. The surrogate, sister of the genetic mother, did not object or
contest the assertion of motherhood by the genetic mother and actively
supported the genetic mothers’ argument. Hence, the decision may be limited to
a very narrow remit of surrogacy situations.
Even so, the decision has caused reverberations
in the larger field of assisted reproduction. If the reasoning of the Court is
taken to its penultimate, where genetics is to be the basis of paternity and
maternity, Egg and Sperm Donors may find themselves unwittingly deemed a
parent - with all the rights and responsibilities that attach - despite that
never being the intention of the donor or the commissioning couple.
Whilst the decision is broadly
welcomed in the particular case concerned, it is hoped that it will now prompt
the legislature to take action and bring forth a framework which provides
clarity to the array of modern day family anomalies that exist.
Niamh O' Connor
Solicitor
Wolfe & Co.
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