Twins born to surrogate take landmark case to have genetic mother named on birth certs
on 31/01/2013 18:15:27
In their action the children are seeking declarations under the Status of Children Act that their genetic mother is their mother, and that she is entitled to be registered as their mother and have the register of births corrected to reflect their true parentage.
The children were born to the sister of a couple who could not have children. They provided the genetic material which was implanted in the surrogate. The surrogate or birth mother is supporting the children's and the genetic parents' action.
Strict reporting conditions were imposed on the media reporting the case in order to protect the identities and privacy of those taking the action.
They want the court to order the Registrar General to correct the register of births to reflect this. They are also seeking a declaration that the continued failure to recognise the father and genetic mother of the children is unlawful, and fails to vindicate their Constitutional rights.
In the alternative they seek a declaration that the father and genetic mother are the children's guardians.
The surrogate mother is supporting the couple's application, which was refused by the office of the Registrar General in 2011, on the ground that there is no legal basis to change the name of the mother on the birth cert from the surrogate mother to the genetic mother's.
The Attorney General and the Registrar General's office are opposing the action, on grounds including that the surrogate or gestational mother is in law the mother of the child.
Today following the conclusion of submissions in the case Mr Justice Henry Abbott said he was reserving his decision in the matter.
The judge said he did not know when he would be in a position to give his decision in a case which the court heard raised complex and difficult issues of law.
The judge said he would update lawyers for the parties on how the judgement was progressing later this month. The judge hoped that at that stage he would be able to fix a date for when judgement will be given.