Genetic father appointed guardian of child born in India under surrogacy arrangement

Family law – guardianship - application to appoint father (next friend) as guardian of infant applicant (EP) and to obtain orders enabling passport to be obtained for infant applicant – infant applicant born September 2010 in India – surrogacy arrangement – IVF – father (sperm donor) is next friend (ZP) – anonymous donor egg – ‘intended mother’ is second notice party (PZ): joined as a notice party not by any legal right but by factual interest – ZP and PZ are named as father and mother of infant on birth certificate issued in India in Sept. 2010 – ZP is an Irish citizen and holder of an Irish passport – surrogate mother (TF) is a widow in India – contention that infant applicant is an Irish citizen pursuant to Irish Nationality and Citizenship Act 1956 – Department of Foreign Affairs requires declare of parentage pursuant to s.35 Status of Children Act 1987 before it can issue a passport to the applicant – Attorney General joined to proceedings to ensure that any order made would be binding on all state authorities – TF notified of proceedings and consenting to orders sought – genetic tests - court satisfied that ZP is the father of the applicant – applicant has had her habitual residence with ZP and PZ at all material times – ZP and PZ have at all material times held parental responsibility for applicant within meaning of Brussels II bis Regulations – interests of the applicant are of paramount importance: Guardianship of Infants Act 1964 – court is satisfied that it is in best interests of the child to be cared for and reared by de facto family of ZP and PZ – declaration pursuant to Part VI Status of Children Act 1987 that ZP is the father of the applicant – that ZP be appointed guardian of the applicant under s.6A Guardianship of Infants Act 1964 – that custody of applicant continue as currently with PZ and ZP – that the consent of TF (surrogate mother) be dispensed with for the issuing of a passport to the applicant whilst the applicant is a minor, pursuant to s.14(3) Passports Act 2008 and s.11 Guardianship of Infants Act 1964.