Child born through surrogacy denied citizenship via non-biological Irish father

Under section 7(1) of the 1956 Irish Nationality and Citizenship Act, a person is an Irish citizen “if at the time of his or her birth either parent was an Irish citizen”

The five-judge court held that the term “parent” in the 1956 Act refers to the boy’s genetic father and the surrogate birth mother.

A same-sex couple’s son born in the UK under a surrogacy arrangement does not derive Irish citizenship from his non-biological Irish-British father, the Supreme Court has found.

In a ruling that overturns a High Court decision, the court held that the non-biological father, who secured a post-birth parental order in an English family court, is not classified as the boy’s “parent” under the Irish Nationality and Citizenship Act of 1956.