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31/01/2013
Genetic Parents Could Face 'Insurmountable Legal Hurdles' In Adoption Case
The genetic parents of twins born to a surrogate mother could face possibly insurmountable legal hurdles if they were to try and adopt the children, the High Court has heard.
Because the twins were born to their aunt, who was married at the time, they could not be placed for adoption, lawyers for the couple told the court on the final days of the case.
However, as it would require the couple to take a second case in another area of law without precedence, Senior Counsel Gerard Durkan said adoption as a proposed remedy was unsatisfactory.
He said the couple would have to show the children had been abandoned, which would be difficult to do.
Senior Counsel was responding to submissions made by counsel for the State Mary O'Toole, who said the couple could apply to adopt the twins.
The State is also opposing the application on the basis that only the birth mother can be viewed as the legal mother.
While the case has now concluded Mr Justice Henry Abbott is expected to give a date for judgment on 22 February.
(H)
Because the twins were born to their aunt, who was married at the time, they could not be placed for adoption, lawyers for the couple told the court on the final days of the case.
However, as it would require the couple to take a second case in another area of law without precedence, Senior Counsel Gerard Durkan said adoption as a proposed remedy was unsatisfactory.
He said the couple would have to show the children had been abandoned, which would be difficult to do.
Senior Counsel was responding to submissions made by counsel for the State Mary O'Toole, who said the couple could apply to adopt the twins.
The State is also opposing the application on the basis that only the birth mother can be viewed as the legal mother.
While the case has now concluded Mr Justice Henry Abbott is expected to give a date for judgment on 22 February.
(H)
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