Couple seek passport for daughter born via surrogacy

AN Irish husband and his EU citizen wife have brought a High Court challenge aimed at securing an Irish passport for their child who was born as a result of a surrogacy arrangement with a woman in the Ukraine.

The couple have brought the action on their baby daughter’s behalf because unless they can get her out of the Ukraine they fear she could end up in an orphanage.

None of the parties can be identified by order of the court. The court heard that the child, who was born earlier this year, has no right to remain in the Ukraine for more than 90 days, but is unable to leave that country. She has no travel documentation.

They applied to the Irish authorities for travel documentation for their daughter, but their application has not been processed. The court heard that lawyers acting for the family were informed that their application has been referred to the Chief State solicitor’s office, who indicated to them last week that the advice of the office of the Attorney General would be required.

The applicants have brought proceedings against the Minister for Foreign Affairs, where they are seeking an order from the court compelling the minister to furnish the child with an Irish passport or an Emergency Travel Certificate.

They are further seeking declarations including that any failure to answer with expedition the application to issue her with a passport or an emergency travel certificate is unlawful, an infringement of the child’s constitutional and European Convention rights and a breach of fair procedures.

Mr Justice Michael Peart made the matter returnable to a date later this month.

Moving the action, Mary O’Toole SC, for the family, said her clients have serious concerns because the child, who is not entitled to Ukrainian citizenship, is essentially stateless.

Counsel said that there is urgency about the action because the child is only entitled to remain in the country for 90 days and fear that the child may be placed in a orphanage by the Ukrainian authorities.

The court heard that the child, who was born earlier this year in the Ukraine, as a result of a surrogate arrangement with a Ukrainian woman facilitated by a clinic in that country.

Counsel said that the results of a DNA test show that the man is 99.99998% likely to be the biological father of the child and both he and his wife are registered on the child’s birth cert as her parents.

The court heard that the man’s wife has been living in a flat in the Ukraine with the baby, and he has been spending long hours travelling to and from the Ukraine to visit them. That counsel said has been very distressful and upsetting for the couple.

Following her birth an application was made on her behalf to the minister for emergency travel documentation that would allow them take the child out of the Ukraine.

However, in early February they were informed in a letter from an official for the minister that it was not possible at that time to complete the processing of that application.

A further application was made just over two weeks ago.

While the family have received no formal response to that request the court heard that their solicitor, Fiona Duffy Patrick O’Reilly & Co solicitors, were informed by an official at the chief state solicitor’s office that the matter may have to be referred to the office of the Attorney General.