Irish Citizen Challenges Passport Refusal for UK-Born Son via Shared Motherhood IVF

Two married women have launched a High Court challenge against the Minister for Foreign Affairs' refusal to grant an Irish passport to their son, born via shared motherhood IVF in a UK fertility clinic. One applicant, an Irish citizen living in the UK, is the child's genetic parent, with her egg used in the procedure. She is listed as «parent» on the birth certificate, while her partner, who gave birth, is listed as «mother».

The couple seeks a High Court declaration that the Irish applicant is the lawful parent under Irish law and an order compelling the department to grant citizenship by descent under Section 7(1) of the Irish Nationality and Citizenship Act 1956. They argue the department erred by not recognizing the genetic mother and that limiting the definition of «parent» to adoptive/birth mothers or adoptive/genetic fathers breaches equality. The department refused the passport in April 2026, based on their definition of a «parent».

Ms Justice Mary Rose Gearty ruled that a related application could not be heard in camera but made no judgment on the substantive application for leave to appeal. The case will return to the High Court's judicial review ex-parte list.