Surrogacy case to be given priority hearing

Thursday 25 July 2013 22.18
The High Court ruled earlier this year that a genetic mother of twins born to a surrogate could be named as the legal mother
The High Court ruled earlier this year that a genetic mother of twins born to a surrogate could be named as the legal mother

The Supreme Court is to give a priority hearing to an appeal by the State to a landmark ruling on surrogacy.

The High Court ruled earlier this year that a genetic mother of twins born to a surrogate could be named as the legal mother on the birth certificate of her children.

The State later decided to appeal the case saying it was necessary "to bring certainty to this vital area of law and to ensure that the legislature's scope to legislate is absolutely clear".

The family's solicitor had said she was very concerned about the delays her clients would have to face because of the appeal by the State.

The Supreme Court agreed to give the priority with a possible hearing date in January 2014.

In March this year, Mr Justice Henry Abbott ruled the genetic mother of twins born to a surrogate was entitled to be registered as their mother on their birth certificates.

The surrogate mother, the sister of the genetic mother, had supported the couple's application.

The judge had rejected the State's arguments that the 1983 anti-abortion amendment to the Constitution confirmed the birth mother as the legal mother.