‘Blood link to child determines parenthood’

Motherhood can no longer be determined on the basis of giving birth, and both it and fatherhood are instead determined according to “inheritable characteristics” or a “blood link” to a child, the Supreme Court was told yesterday.

The law in Ireland since 1987, when the Status of Children Act was introduced, is that a declaration of parenthood can be issued on the basis of “inheritable” characteristics and that means the genetic parents of twins born to a surrogate are entitled to a declaration they are the children’s legal parents, Gerry Durcan said.

Any such declaration would be binding on both the Registrar of Births and the State and would require the twins’ birth certificates to be amended to identify the genetic parents as their legal parents. As of now, their birth certificates state the surrogate is their mother and their father is the genetic father.