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Supreme Court ruling

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  • 08-11-2014 1:22am
    #1
    brownswiss
    Registered Users Posts: 750 ✭✭✭


    Just curious if any of you have followed this case which has ended in the Supreme court.. http://www.hayes-solicitors.ie/news/...rogacycase.htm...''

    http://www.rte.ie/news/2014/1107/657...urt-surrogacy/

    The State took the case. Why ?

    Were the Genetic Parents and the Surrogate Mother both in agreement that the Genetic Mother's name should be on the birth cert..

    If the Government intend to change the legislation did they need to bring the case in order to progress the legislation or was it just a waste of tax payer's money ?


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    #2
    hfallada
    Closed Accounts Posts: 4,180 ✭✭✭hfallada


    Surrogacy was initially going to be included in the new family laws being introduced but was shelved later. I imagine as its such a topical issue particularly in the US and Germany.This case was interesting as it was the first real acknowledgement that surrogacy was taking place in Ireland. The surrogate was the sister of the women taking the case. AFAIK her sister was carrying her genetic child for her.

    The state didnt want the biological mother to listed as the mother on the birth cert a) because its currently against the law b) they think it could open claims for citizenship from people people who have donated eggs. This argument is weak considering the same principle could apply to sperm donor

    http://www.irishtimes.com/news/crime-and-law/courts/government-to-address-surrogacy-law-by-end-of-year-1.1992256
    Leo Varadkar claims the issue will be addressed by the end of the year. The usually catholic lobby groups want it completely banned. Although its interesting considering that Mitt Romney, the GOP presidential candidate in the last election. Had a close family member use a surrogate even through they are devote Mormons. Its better to have a regulated surrogacy framework here, than having Irish people going aboard.


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    #3
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    The state brought the case because of the implications for egg donations and sperm donors. Making the genetic parents become the legal parents is an unsafe ruling because of how it affects other groups of people... Mainly because of the vacuum in law on fertility issues in general.

    No govt in this country wants to touch it. They just see the giant can of worms. Should have legislated for 20 years ago. If labour and fg take it on, I would probably vote for them in next election for having some political balls for a change.

    I really feel for the family. Must be awful living in that weird legal quandary where you are not the legal parents of your own children. Can't travel with them. Consent for medical stuff is a mess. They will run into hassle even starting them in schools. Good for them taking this case, and hopefully the instruction from the supreme court will be heard!


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