Courts / Ireland / Report

Child born via surrogacy wants decision on Irish passport application

Summary

In September 2020 the High Court heard a challenge by the parents of a boy born via surrogacy in 2015, who lives abroad. One parent is an Irish citizen but not the boy's biological parent. The parents had secured a court order in their country of residence recognising them as the boy's legal parents and terminating the surrogate's parental rights. In 2017 they applied to the Minister for Foreign Affairs for an Irish passport on the boy's behalf. The Minister informed them that similar applications were being reviewed by the Attorney General and that it intended to refuse the application, but invited further submissions. After additional correspondence in 2018 and a final letter in December 2019, the Minister had not replied. The parents therefore brought judicial review, arguing that the Minister's 36‑month delay and refusal to recognise the parent‑child relationship violated the European Convention on Human Rights.

Who, what, where, when and why

What: Report matter: Child born via surrogacy wants decision on Irish passport application. Procedural stage: hearing_or_decision

When:

• December 2019 Hearing Or Sentence
• 2020-09-07 Publication

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report