Source The Irish times
A family is asking the High Court to declare that the State’s failure to provide retrospective recognition of parentage of children born through surrogacy amounts to “invidious discrimination” against it.
The court heard the biological and legally-recognised father of the young boy is arranging his will after receiving an advanced cancer diagnosis.
The child’s genetic mother is not recognised as his legal mother, said the family’s counsel, Mark Lynam BL. He said she is currently the boy’s legal guardian, but this relationship will lapse when he turns 18 and he would be “effectively an orphan” if his father died.
The matter has caused the family “tremendous turmoil and stress”, while the case raises significant constitutional issues regarding people who have engaged in international surrogacy, Mr Lynam said.