Surrogacy court case halted in anticipation of legislation

A couple seeking parental recognition of the genetic mother of their son born through a foreign, commercial surrogacy arrangement are no longer pursuing their case through the High Court as they now anticipate the introduction of legislation in the area.

While surrogacy is banned in almost all of Europe, due to concerns about it commodifying babies and exploiting women, Health Minister Stephen Donnelly said last week he expects legislation to be enacted by the summer.

In court on Friday, the couple’s counsel, Nuala Jackson SC, said that, based on the information they have received, they have decided not to proceed further this case.

They were seeking a general adjournment of their case, with the ability to re-enter it if the need arises in future, she said.

Mr Justice John Jordan, who previously strongly criticised the Government in how it handled the introduction of this legislation, said it was “heartening” to see progress and wished the legislators well in dealing with a “complex area of law”.

“There is solid ground for optimism and for believing that this case and the Egans and Harry and Luke will not have to revisit the Four Courts,” he added.