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Surrogacy: Genetic mother wins right to be 'mother' to twins born to surrogate

The genetic mother of a pair of twins in Ireland has won a legal case allowing her to be recognised as the mother of the twins in their birth certificate, instead of the surrogate mother who delivered the twins on her behalf, reports the BBC and RTE News.

The Chief Registrar of Births in Ireland had refused her permission to be identified as the mother of the twins on the birth certificate, despite the fact that she donated the eggs and was therefore the children's genetic mother.

The Irish Government cited its 1937 constitution to support its view that the woman who gives birth to the child must be recorded as its mother.

However, ruling in favour of the genetic mother, the judge said that Ireland's laws on genetic parentage and birth certification needed updating to reflect changes in medical practice and the possibilities that now exist regarding artificial insemination.

The birth mother was in fact the genetic mother's sister, who stepped in after the genetic mother discovered that she would be unable to carry and give birth to her children.

The judge said that existing Irish law included in the Status of Children Act 1987, allowed genetic testing to be used to determine the parentage of a child and that in this case such testing would support the woman's application.

The solicitor for the applicant said that her client was delighted with the ruling.

"It has been a very long, hard and emotional time for them and they would like to express their thanks for the support shown to them by their family, friends and legal representatives," she told broadcaster RTE News.

Lawyers criticised the Irish law for being vague on the issue and called for Government to consider new laws.

Sources:

Genetic mother wins 'landmark' case in Irish court (BBC News)

Genetic parents win landmark surrogacy case (RTE)