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