M.R. and D.R.(suing by their father and next friend O.R.) O.R.& C.R. -v- An t-Ard-Chláraitheoir, Ireland and the Attorney General: M.R. and D.R.(suing by their father and next friend O.R.) & ors -v- An t-Ard-Chláraitheoir & ors

Research output: Other contribution


This appeal arises to be decided at a time when there have been radical scientific developments in assisted human reproduction which have not been addressed in legislation. The Court was informed that, a few days before the hearing of the appeal commenced, the Department of Justice published the Draft Heads of a General Scheme of a Children and Family Relationships Bill, 2014, of which Part 5
purported to make provision for surrogacy arrangements. However, this is not an Article 26 Reference, there is no challenge to the constitutionality of any Act of the Oireachtas, and the appeal must be decided on the law as it stands.
2. At the core of the case is the application by the applicants/respondents that the fourth named applicant/respondent be registered as the mother of the first and second appliants/respondents. This case arises out of a surrogacy arrangement whereby the fourth named applicant/respondent is the
genetic mother of the children, and the notice party is the gestational mother. The State appellants submitted that the gestational mother is the mother for the purpose of the Civil Registration Act 2004, while the applicants/respondents submitted that the genetic mother should be so registered.
Original languageEnglish
TypeCitation in Court Judgement
Media of outputReported Case
PublisherBritish and Irish Legal Information Institute
Number of pages34
Publication statusPublished - 7 Nov 2014

Cite this