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The High Court quashed the refusal by the Minister for Foreign Affairs to grant a passport to a child born abroad through donor-assisted human reproduction (DAHR), on the grounds that the genetic mother was entitled to pass Irish citizenship to her child by descent. The decision clarifies that the term "parent" in Section 7(1) of the Irish Nationality and Citizenship Act, 1956, includes the genetic mother, even if she is not the gestational mother. The court also declared that the State's failure to legislate for the acquisition of citizenship by children of Irish citizens born abroad through DAHR results in unequal treatment without a rational basis, violating constitutional equality rights.
Irish citizenship, donor-assisted human reproduction (DAHR), genetic mother, gestational mother, Irish Nationality and Citizenship Act 1956, Section 7(1), parentage, constitutional equality rights, Article 40.1 of the Constitution, High Court, citizenship by descent, private international law, family law, Spain, Australia, same-sex couples, recognition of foreign parental status.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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