A couple whose genetic son was born to a surrogate mother allege the State has breached their constitutional rights by not allowing the woman to be legally recognised as the child’s mother. Irish law currently gives automatic legal recognition only to the birth mother. Surrogacy separates the role of mother into at least two women, namely the woman who gives birth and the woman who provides the egg. In some cases, a separate woman raises the child. It is why some countries ban surrogacy completely.

Kathy and Brian Egan, of Castlecomer Road, Kilkenny, are claiming the State’s failure to provide retrospective recognition of parentage is an “invidious discrimination” against their family.

A Ukrainian woman carried and gave birth to their genetic son in 2019 via a surrogacy arrangement. Ukraine is one of only three European countries to allow commercial surrogacy. The other two are Russia and Belarus.

Mr Egan is the child’s genetic and legal father while Ms Egan is his genetic mother and legal guardian, a relationship that will cease when he turns 18. She is not legally recognised as his mother.

The family seeks various declarations, but Counsel said there is no request for an order that would specify in detail the manner in which the Oireachtas should regulate international surrogacy.