E.P (an infant suing by her father and next friend ZP) -v- Attorney General & Ors [2013] IEHC 300 (15 February 2013)

E.P (an infant suing by her father and next friend ZP) -v- Attorney General & Ors [2013] IEHC 300 (15 February 2013)

Genetic testing established to a near-absolute probability that ZP is the biological father of EP. The best interests of the child require that ZP be declared the father and appointed guardian, and that EP's citizenship and passport status be regularized. The surrogate mother has no parental role beyond gestation and consents to the orders sought.

Citation
[2013] IEHC 300
Parties
Applicant/appellant: EP (an infant suing by her father and next friend ZP); First Named Third Party: Attorney General; Second Named Notice Party / Applicant/appellant / Respondent: PZ; Respondent / Surrogate Mother: TF
Jurisdiction
Ireland
Judgment Date
15 February 2013
Procedural Posture
Circuit Appeal Family Law / Appeal From Circuit Court Judgment Refusing Relief
Outcome
appeals allowed; orders made as sought
Legal Topics
Surrogacy, Declaration of Parentage, Guardianship, Citizenship, Passport Issuance
Family Law Child Law Nationality Law Surrogacy Declaration of Parentage Guardianship Citizenship Passport Issuance

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Parties

EP (an infant suing by her father and next friend ZP)

Applicant/appellant

Attorney General

First Named Third Party

PZ

Second Named Notice Party / Applicant/appellant / Respondent

TF

Respondent / Surrogate Mother

Procedural Posture

Circuit Appeal Family Law / Appeal From Circuit Court Judgment Refusing Relief

Legal Issues

  1. 1 Whether the next friend (ZP) is the biological and legal father of EP under Irish law
  2. 2 Whether ZP should be appointed guardian of EP
  3. 3 Whether EP is entitled to Irish citizenship and a passport

Ratio Decidendi

Genetic testing established to a near-absolute probability that ZP is the biological father of EP. The best interests of the child require that ZP be declared the father and appointed guardian, and that EP's citizenship and passport status be regularized. The surrogate mother has no parental role beyond gestation and consents to the orders sought.

Court Disposition

appeals allowed; orders made as sought

Orders

  • Declaration that ZP is the father of EP pursuant to the Status of Children Act 1987
  • Order that ZP be appointed guardian of EP under the Guardianship of Infants Act 1964