A family is asking the High Court to declare that the State’s failure to provide retrospective recognition of parentage of children born through commercial surrogacy, a practice banned in almost all European countries, amounts to “invidious discrimination”.

The court heard the biological and legally-recognised father of the young boy is arranging his will after receiving an advanced cancer diagnosis.

The child’s genetic mother is not recognised as his legal mother, because she did not give birth to him, though she is currently the boy’s legal guardian, but that will cease when he turns 18.

The family’s counsel, Mark Lynam BL said the case raises significant constitutional issues regarding people who have engaged in international, commercial surrogacy. The couple used a Ukrainian woman to carry and give birth to their genetic son under a commercial arrangement.

The genetic mother said her family’s situation has now become urgent, as the boy’s “only legal parent is battling a life-threatening illness” and attempts to put together a will that would safeguard his financial future has been “close to impossible”, she added.

Mr Lynam said there is no practical route to legal parentage for the genetic mother, as the Adoption Authority of Ireland does not want to engage in the area until proposed legislation has been passed.