The Government has decided to appeal a High Court ruling which allowed the genetic parents of children born to 
a surrogate mother to be named on their birth certs.
In a statement, the Department of Social Protection expressed concern that the ruling “by linking motherhood exclusively to genetic connection” could affect a large number of families.
This raises the possibility that a third woman will be recognised as the mother of the child, someone who is neither the birth mother nor the genetic mother.
Before the High Court ruling only the birth mother could be recognised as the legal mother of a child.
The Department statement said that the ruling “may also have the effect of tying the hands of the Oireachtas in how it may legislate, in the future, for the complex areas of surrogacy and assisted human reproduction”.
Justice Minister Alan Shatter has already indicated that he plans to legislate in the area of surrogacy but as yet as not given any indications as to what shape the legislation will take.
The case – the first of its kind to come before the Irish courts – is expected to be fast-tracked by the Supreme Court, The Irish Independent reports.
Earlier this year, the genetic mother of twins won her High Court challenge to the Chief Registrar’s refusal to recognise her as their legal mother because she was not the birth mother.
The woman and her husband had their embryos implanted in her sister’s womb who gave birth to twins who are being raised by the couple.
In the wake of the ruling, child law expert Geoffrey Shannon said that surrogacy must be either banned or fully legalised in order to bring clarity to the situation.
The Iona Institute has called for a ban on surrogacy on the grounds that the practice gives two or more women a part in the creation of the same child and creates an ambiguity about who the mother of a child really is.
Surrogacy is banned most other European countries and the European Court of Human Rights has upheld the right of member states of the Council of Europe to ban the practice.
