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While extremely mindful of the family at the centre of this case, the Government has agreed that the above judgement should be appealed by the Registrar General to the Supreme Court to clarify a number of points of law of exceptional public importance.

The judgement raises important questions about how motherhood may be determined under Irish law and has potentially very serious consequences which could, by linking motherhood exclusively to genetic connection, affect a potentially large number of families. It may also have the effect of tying the hands of the Oireachtas in how it may legislate, in the future, for the complex areas of surrogacy and assisted human reproduction.

The appeal is therefore considered necessary both to bring certainty to this vital area of law and to ensure that the legislature's scope to legislate is absolutely clear. Such clarity is especially important because the Government is committed to legislating to address the wider issues surrounding assisted human reproduction, including surrogacy. Legislation is currently being prepared with a view to being brought to Government later this year.