Courts / Ireland / Report

Trans woman to bring High Court challenge after State does not recognise her as biological mother of child

Summary

A UK‑resident trans woman, who holds Irish citizenship, has been granted leave to bring a High Court challenge against the State's refusal to register her child on the Foreign Births Register. The child was conceived via IVF using the woman's frozen sperm and delivered by her wife, who is not an Irish citizen. The State's position is that only the biological mother, i.e., the birth‑giving wife, can confer Irish citizenship through the Foreign Births Register. The woman argues that being denied registration because she is not the biological mother constitutes an offensive, discriminatory and unjust attack on her gender identity, legal status and same‑sex marriage. She seeks a declaration that she is a legal and genetic parent, an order to register the child, and citizenship for the child under Section 7(1) of the Irish Nationality and Citizenship Act, 1956. Ms Justice Sara Phelan granted leave for judicial review and adjourned the case to January.

Who, what, where, when and why

What: Report matter: Trans woman to bring High Court challenge after State does not recognise her as biological mother of child. Procedural stage: hearing_or_decision

When:

• 2025-11-12 Publication

Why: It is submitted by the woman that her child was refused entry into the foreign births registry – thereby denying Irish citizenship – as the woman was not the biological mother of the child and because her wife, who gave birth to the child, was not an Irish citizen. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report