A same-sex couple’s son born in the UK under a surrogacy arrangement does not derive Irish citizenship from his non-biological father, the Supreme Court has found.

In a ruling that overturns a High Court decision, the court held that the non-biological father, who secured a post-birth parental order in an English family court, is not classified as the boy’s “parent” under the Irish Nationality and Citizenship Act of 1956.

In a judgment on behalf of the five-judge court, Mr Justice Brian Murray held that the term “parent” in the 1956 Act refers to the boy’s genetic father and the surrogate birth mother.

The boy’s UK birth certificate initially recorded the birth mother, who was not engaged in a commercial capacity, and his biological father, who is British.