Sir, – I welcome the decision of Mr Justice Abbott of the High Court delivered in the ground-breaking surrogacy case that has gripped the nation. The judge held that the genetic mother of twins, born to a surrogate using her embryos, may have her name recorded on the children’s birth certificates.
The High Court, in its decision, addressed the conflict that has arisen between new reproductive technologies, the problem of infertility and the unalienable rights of the family as pledged in Article 41 of the Constitution. The failure of past governments to legislate in the area of surrogacy has left children born of a surrogate in an area of legal uncertainty and as a result the judiciary has been the laboratory for the creation of law in this area of family law.
While the case is important, the question of whether “motherhood is always certain” may be tested again if a surrogate mother was to contest motherhood rights held by the commissioning mother.
The judgment places further pressure on the Oireachtas to draft legislation to create clarity and guidance for those who commission a surrogate mother. However, there is a worry that this landmark decision may not be legislated for in the near future, thus resulting in confusion and uncertainty similar to the 21 years since the delivery of the X-case judgment. – Yours, etc,