The Irish High Court will hear a case in January to determine the legal status of a child born through an international surrogacy arrangement to whom the intended parents have no genetic connection.
The issue was identified after the intended parents applied to bring the child into the country but were told that, because of an absence of a genetic connection, they would need to make the child a ward of court. The Irish Times reports that the father believed the child was his. The child has since been allowed into Ireland on 'humanitarian grounds', reports RTE.
Making the child a ward of court last September, Mr Justice Michael Moriarty described the case as unique and exceptional. The wardship will last until a full hearing is conducted early next year, after the case was adjourned earlier this month when lawyers for the Irish Government, which supported the application for wardship, told the High Court that further DNA testing was needed to establish who the biological father is.
Senior Counsel Gerard Durcan said that, while the surrogate's identity could be ascertained, there might difficulties in establishing paternity.
The surrogate has reportedly been notified of the proceedings and has given her consent to the child being made a ward of court. The intended parents have been appointed as interim guardians until the hearing takes place.
Reporting restrictions mean that the parties and the country where the surrogacy arrangement took place cannot be named. The court was told previously that there was no suggestion of any wrongdoing.
Sources and References
Related Articles
Twins but legal strangers: paradoxical but could we have expected more?
It is not the first time that a court has been called to rule on the recognition of family ties established between a male couple and their twins born from surrogacy abroad. But the recent ruling of the Court of Appeal of Milan has attracted particular in
Surrogate refuses to give consent for parental order
A surrogate has refused to give her consent for the parents of twins to become the children's legal parents, even though she and her husband are not seeking any active involvement in the children's upbringing...
Cambodia bans commercial surrogacy industry
The Cambodian Health Minster Mam Bunheng has published a directive appearing to ban all forms of surrogacy in the country...
Embryos from overseas couples 'stuck' in India
Two US couples have filed a petition at the High Court of Bombay to reclaim embryos they transferred into the country before India's ban on international surrogacy arrangements was introduced last year...
Council of Europe rejects surrogacy guidelines
The Parliamentary Assembly of the Council of Europe, a human rights organisation, has voted to reject a proposal to introduce international guidelines on surrogacy and children's rights...
Indian minister intervenes to help British couple take home surrogate baby
The Indian foreign minister has intervened on social media in the case of a British couple who face having to leave the country without their surrogate-born child...
Leave a Reply
You must be logged in to post a comment.