merrion street

The Minister for Justice and Equality, Frances Fitzgerald T.D., today welcomed the Supreme Court’s ruling confirming that motherhood is based on birth rather than genetics.

Minister Fitzgerald said "I know that the ruling must be very difficult for
the family involved. I am very sympathetic to the truly human
circumstances at the heart of this case. The State had to appeal this case
as it would have overturned our existing law and jurisprudence which sets
the birth mother as a child’s mother and because it would have fettered the
Oireachtas in terms of what provisions it could make by law in those areas
in the future. If Judge Abbott’s ruling had been allowed to stand,
hundreds of women who have given birth to children using donated eggs would
have doubt cast on their status as their children’s mother. Those women
and their children now have legal certainty."

The Minister continued "I welcome that the Supreme Court has indicated that
it is up to the Oireachtas to legislate for surrogacy. I note that the
Supreme Court has said that it should be a priority for the Government to
legislate for surrogacy and to provide for families such as that in this
case. My colleague, Minister for Health Leo Varadkar T.D., will be bringing
proposals to Government before the end of the year."

Minister Fitzgerald concluded "Today’s judgment reminds us that more and
more children are being born in atypical situations. It is a priority
that such children can be secure in terms of their parentage and
guardianship. The Heads of the Children and Family Relationships Bill have
already been published and I look forward to publishing the final Bill
before the end of this Dáil term. That Bill will provide a legal
architecture to diverse parenting situations and to provide legal clarity
on parental rights and responsibilities and the rights of children living
in such situations."