Bid for legal rights over twins born to surrogate mum

A woman is making a court bid to have legal rights over her two toddler twins that were born via a surrogate in India.

The twin boy and girl were brought back to Co Clare three years ago by the woman and her partner, both in their 50s, within a few weeks of them being born to the surrogate.

The twins, now aged three, were born through sperm donated by the woman’s partner, while the eggs were donated by another Indian woman — not the surrogate.

The father of the twins previously secured guardianship of the twins at Ennis Circuit Court and they have secured Irish passports as a result.

Solicitor Shíofra Hassett confirmed to Judge Patrick Durcan at Ennis Family Law Court that there is no genetic connection between the applicant and the children.

“Her long-term partner is the biological father of the children,” said Ms Hassett.

“Given the fact that she been caring for the children over a two-year period, she is entitled in her own right to bring an application for guardianship.”

She added that the surrogate in the case “in the eyes of the courts in this country is seen as the mother because she gave birth to the children, but she is not the biological mother”.

Ms Hassett said that she does not anticipate that her client’s application will be contentious, given the affidavits and declarations given by the surrogate previously.

Ms Hassett agreed to outline in writing a history of the case and Judge Durcan adjourned the case to December 15, when he will give his ruling as to whether the case can be heard in the district court or the circuit court.