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The Minister for Foreign Affairs has been ordered by the High Court to make a decision regarding whether a boy born in the UK can have an Irish passport. One of the boy’s legally recognized parents has both UK and Irish citizenship, so normally this wouldn’t be a question. But since the boy was born to a surrogate, his recognized parent isn’t his biological parent. That brings up questions as to what constitutes parentage and lineage when it comes to passports and citizenship.

While there are several arguments to be made regarding this scenario, the biggest one comes down to who is considered the boy’s parents, for purposes of citizenship. Because the recognized parents are a same-sex male couple, only one could be the boy’s biological father. Originally, the boy’s initial birth certificate listed the biological father (who is not the one with Irish citizenship) and the genetic surrogate as parents.

That was later amended to show both of the men as parents. The couple is making the argument that they are the boy’s legal parents, and that should entitle the boy to the same citizenship they have. But the Minister has made the argument in the past that there is no biological connection between the boy and the Irish parent, therefore the boy isn’t entitled to an Irish passport. The legal battle has gone on for some time, with the Minister failing to make a decision in a timely manner.

The High Court is now requiring the Minister to make that decision, so the case can move forward. If the Minister determines that the boy cannot have an Irish passport, it’s likely that the parents will appeal that decision and continue to fight for Irish citizenship for their son.

At The Surrogacy Law Center, we work to help individuals and couples who want to start or grow their families through assisted reproduction. To find out more about protecting your legal rights and your future child’s legal rights throughout the surrogacy process, contact us online or call us at (760) 438-0558 to schedule a consultation today!