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Thread: Surrogates Sister Wins Case to be Recognised as the Genetic Parent on Twins Birth Certs.

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    Politics.ie Member damus's Avatar
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    Default Surrogates Sister Wins Case to be Recognised as the Genetic Parent on Twins Birth Certs.

    The genetic mother of surrogate twins has won her case in the HC to be named as the genetic mother on her twins birth certs in a HC ruling that was delivered by Mr. Justice Henry Abbott. Justice Abbott granted a number declarations which allowed for the genetic parents to be named on the childrens birth certs and for the particulars of their maternity to be also recorded on the birth certs.

    The genetic parents took the case after they she was refused the right to be named as the genetic mother on the childrens birth certs with the state opposing the application on the grounds that only the birth mother can be legally recognised as the legal mother. The sister who agreed to act as a surrogate for her sister also supported the application for her sister to be legally recognised as the childrens legal mother on their birth certs. It is expected that the State will appeal the ruling to the Supreme Court.

    This raises a couple of questions. While it vindicates the rights of the genetic parents and the child, will there be any unintended consequences from this ruling if it's held up in the Supreme Court? Obviously, this will strenghten the case of the genetic parents in situatinos where the surrogotate refuses to hand over the child. What happens with other aspects of genetic reproduction though like sperm or egg donation - could we see a situation where they would have a similar right to be recognised as the childs legal parents or for the circumstances of their maternity to be formally recorded on the childs birth certs? Or what happens if the child wants to know who their genetic parents are in latter years, will they have the right to get access to the names of their genetic parents?

    Surrogate's sister wins landmark ruling to be recognised legally as mum of twins - Independent.ie
    Last edited by damus; 5th March 2013 at 03:04 PM.

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    Now Adopted children must be allowed knowledge of their genetic origins!

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    Politics.ie Member damus's Avatar
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    Quote Originally Posted by IbrahaimMohamad View Post
    Now Adopted children must be allowed knowledge of their genetic origins!
    That's what I was thinking...and in addition to the circumstances of the childs birth being formally recorded on the birth cert, you would also think that children who were conceived through sperm and egg donation may also have the same right.

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    Politics.ie Member ruserious's Avatar
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    Quote Originally Posted by IbrahaimMohamad View Post
    Now Adopted children must be allowed knowledge of their genetic origins!
    Not so. Adoptions are grounded in law where parenthood is transfered to the new parents.
    This was a challenge surrounding surrogacy and it's implications.

    Right call. Fathers are judged to be fathers legally by DNA so why not Mothers. Nobody loses in this case.
    Boycott the "Irish" Sun rag.

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    Politics.ie Member damus's Avatar
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    Quote Originally Posted by ruserious View Post
    Not so. Adoptions are grounded in law where parenthood is transfered to the new parents.
    This was a challenge surrounding surrogacy and it's implications.

    Right call. Fathers are judged to be fathers legally by DNA so why not Mothers. Nobody loses in this case.
    But the ruling said that the circumstances of the maternity should be formally recorded on the birth cert.

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    Politics.ie Member ruserious's Avatar
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    Quote Originally Posted by damus View Post
    But the ruling said that the circumstances of the maternity should be formally recorded on the birth cert.
    Yep, because there was confusion over who was the legal mother. Not so in adoptions which is clear cut. This was challenging a different law which stated "Mater Certa Semper Est" - motherhood is always certain.
    DNA changes this.
    Adoptions are bound by law.
    Boycott the "Irish" Sun rag.

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    Dylan2010
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    it seems a no brianer decision, I hope the state doesnt fight this and changes the law presently

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    Politics.ie Member ruserious's Avatar
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    One potential stumbling block I foresee however is if a woman donates eggs to another woman who wants to have her own kids but cannot.
    What if the biological mother then changes her mind at birth and wants to be named the legal mother?

    However, I think the common good is served with this decision.
    Boycott the "Irish" Sun rag.

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    Politics.ie Member ruserious's Avatar
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    Quote Originally Posted by ruserious View Post
    One potential stumbling block I foresee however is if a woman donates eggs to another woman who wants to have her own kids but cannot.
    What if the biological mother then changes her mind at birth and wants to be named the legal mother?

    However, I think the common good is served with this decision.
    I suppose when the donation of the egg occurs, a legal transfer of parenthood could be transfered to the surrogate in these cases. But the default would be the genetic mother is the legal mother outside of adoption.
    Boycott the "Irish" Sun rag.

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    Politics.ie Member ger12's Avatar
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    I'd be very surprised if the State doesn't appeal this judgement.
    At 12 weeks the “clump of cells” toes curl, her mouth makes sucking movements, she has a human face and if you prod the tummy she will move in response

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