The Supreme Court has reserved judgement in the State's appeal of a landmark surrogacy case in which the High Court decided that twin’s genetic mother, rather than the surrogate mother, that is the birth mother, was to be placed on the birth certificate as the the legal mother of the children.
According to The Irish Times, in closing submissions, Gerard Durcan, Senior Council for the commissioning family, said that they agree with some but not all of the High Court's decision, and argued that his clients' position can be addressed by the issuing of a declaration under the 1987 Status of Children Act declaring the genetic parents to be the legal parents of the twins.
Michael McDowell, Senior Council for State, repeated his earlier argument that a child’s legal mother is the person who gives birth to them and that a child cannot legally have two mothers at the same time.
He added that the anti-abortion provision in the Constitution, Article 40.3.3, makes clear that, during pregnancy, the pregnant woman is regarded as the mother of the child.
Ross Aylward, the surrogate's legal representative, said she did not consider herself the mother of the child, and that she supported the family's position (the genetic mother is the surrogate's sister).
Chief Justice Susan Denham said that the case had raised important issues and that the court would deliver its judgement at a later date.