Supreme Court Rules Genetic Mother Is Not Legal MotherVocabulary and Expression

Supreme Court Rules Genetic Mother Is Not Legal Mother
   The State has won its appeal against a landmark ruling that the genetic mother of twins born to a surrogate is entitled to be registered as their legal mother on their birth certificates.
   A seven-judge Supreme Court ruled by a six to one majority today that the law requires the surrogate, as birth mother, to be registered as the mother.
   The court stressed the need for legislation to address the issues raised in the appeal and the Chief Justice noted there is a lacuna in the law in that regard.
   The Chief Justice said the issues raised in the appeal are quintessentially for the legislature to address in laws concerning surrogacy and assisted reproduction.
   Six agreed the appeal should be allowed, while Mr. Justice Frank Clarke dissented, saying both the surrogate and genetic mother have some of the characteristics of motherhood.
   He appreciated that a legal regime where two people could be regarded as having characteristics of motherhood would raise major legal issues but said the situation must be addressed via legislation.
   A core issue in the appeal was the definition of motherhood with the State contending a mother was the person who gave birth to a child and the parents’ lawyers arguing it must be based on genetic links.
   The parents said their situation could be resolved by the issuing of a declaration under the 1987 Status of Children Act that they are the twins’ legal parents.
   The Irish Human Rights Commission and Equality Authority argued the definition of mother should be wider and urged the State to introduce laws that addressed the developments in assisted reproduction in such a way the rights of all those involved should be vindicated.