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Irish law does not give citizens domiciled here a facility equivalent to the parental order issued under the UK’s Human Fertilisation and Embryology Act 2008, said the judge. A passport officer had indicated to the couple in late 2017 that the department intended to refuse the passport application because of the 1956 Act’s definition of a “parent”.
Mr Justice Barrett was persuaded by the couple’s argument that this required the non-biological soon-to-be father to be an Irish citizen at the time of the boy’s birth. He did not need to be the child’s legal father at the time of the birth, they submitted. On Tuesday, the Supreme Court said it agreed with the Minister’s argument that the High Court did not have sufficient regard to the importance and true meaning of the words “from birth” and “at the time of his or her birth” in section 7 of the 1956 Act.
The Irish Human Rights and Equality Commission , which was joined as a notice party in the Supreme Court, asked the court to consider declaring that, by failing to provide a surrogate child whose non-genetic parent is Irish with a legislative route to birth right citizenship, the State has breached this boy’s constitutional rights.