Category: LGBTQ Parental Rights

Ireland, LGBTQ Parental Rights, Surrogacy

Minister ordered to decide if boy born in UK via surrogacy can have Irish passport

Intended Parents

Source Irish Times

The High Court has ordered the Minister for Foreign Affairs to make a decision on an application for an Irish passport for a child who was born in the UK via a surrogacy arrangement.

The boy’s parents are a married same-sex couple residing in Britain. One of his fathers is a dual citizen of Ireland and the UK, but he is not a biological parent.

In a judgment, Mr Justice Max Barrett found that the child has been an Irish citizen from birth due to the citizenship of his non-biological but legally recognised parent.

In 2017, the couple applied to the Minister seeking an Irish passport for their son. The court heard they were told that a number of similar applications had been received and advice from the Attorney General was being awaited.

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Ireland, LGBTQ Parental Rights, Surrogacy

Ireland – ‘How can I move home when Irish law does not recognise I am my son’s father?’

Intended Parents

Source Irish Times
Parents who have had children by surrogacy are put off returning because of a legal limbo

After tens of thousands of dollars spent on IVF over three years, Jay O’Callaghan and his husband, Aaron O’Bryan, became a family in 2017 when their son, Jake, was born through surrogacy in Toronto, where the couple have lived for seven years.

On Jake’s Canadian birth certificate, both O’Callaghan and O’Bryan are listed as his parents, but under current Irish family law, neither has any legal rights over their son.

In Ireland, the surrogate mother and her husband would be considered Jake’s legal parents, even though she has no biological connection to Jake – a donor egg was used – and relinquished all rights.

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Gay Parenting, LGBTQ Parental Rights, Same Sex

A Historic Day for Surrogacy in the District of Columbia

Intended Parents

Source Digital Journal

On June 15, 2018, Creative Family Connections LLC obtained the first ever Order of Parentage in a surrogacy case under the District of Columbia’s new Collaborative Reproduction statute, D.C. Code § 16-401 (2017), et. seq.

The Honorable Carol Dalton of the Superior Court of the District of Columbia granted two parentage orders for prospective parents who are expecting twins. She, therefore, granted one order pertaining to Baby Girl and one order pertaining to Baby Boy. The Intended Parents and the Gestational Carrier filed the petitions together as Joint Petitioners.

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LGBTQ Parental Rights

Lesbian Mom Secures Parental Rights In Illinois—But The Fight Goes On In Other States

Intended Parents

Source INTO

Ashlie Judd was listed as the parent on her daughter’s birth certificate, but it took a court ruling to establish her parental rights.

Late last week, an Illinois appeals court ruled in her favor, affirming the rights of both hers and other same-sex non-biological parents in the state.

The case dates back to 2014 when Judd and her ex-wife Dee Baron-Judd brought a daughter into their family. According to court documents, the couple selected a sperm donor together who would reflect Judd’s physical appearance, jointly paid for fertility treatments, held a baby shower together, and welcomed their daughter in the hospital. (Baron-Judd is the biological mother.)

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LGBTQ Parental Rights

Italy – Italy Takes A Grande Step Forward For LGBT Parental Rights

Intended Parents

Source Above The Law

An exciting first: a same-sex female couple was permitted to register their donor-conceived son to both women as parents.

Although Italy may be the international capital for art, it isn’t anywhere close to being the international capital for ART law. That is, assisted reproductive technology (ART). Use of assisted reproductive technology like in vitro fertilization (IVF) and surrogacy is highly regulated, and it is reserved only for those in “stable heterosexual relationships.” I’m not sure many of us, regardless of sexual orientation, can confidently claim that status.

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