High Court Decision in Surrogacy Case

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The High Court has granted a declaration that the genetic mother of surrogate twins is the mother of those twins and is entitled to have this fact recorded on the children’s birth certificates (MR & Anor v An tArd Chlaraitheoir & Ors [2013] IEHC 91).

The Court found that there is nothing in the Irish legislative context that positively affirmed the principle mater semper certa est (motherhood is certain). The Court also rejected the State’s arguments that the 1983 anti-abortion amendment to the Constitution confirmed the birth mother as the legal mother.

View the decision of the High Court here.