But isn't Aoife the biological mother?
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Yes because only women actually have babies
Under Irish law Aoife is the legal mother of both children.
Surrogacy is a way for a couple or individual to have a child, with a 'surrogate mother' carrying the child for them. Find out more about the law on surrogacy in Ireland and abroad.
www.citizensinformation.ie
Currently, there is no specific legislation for surrogacy in Ireland. It is not legal or illegal.
This means the surrogate mother, who gives birth to the child, is the child’s legal mother and guardian. This is the case even if she is not the biological mother of the child (where her egg is not used). If the surrogate mother is not married, then she is the sole automatic guardian of the child.
If the commissioning father is the genetic or biological father of the child, he can apply for guardianship of the child under the Guardianship of Infants Act 1964. However, his partner does not have an immediate right to make such an application (even if she is the child’s biological mother). Instead, if the couple is married or in a civil partnership, the partner must wait 2 years before seeking guardianship or custody rights. These 2 years will show the court that the parent had day-to-day responsibility for the child’s care.
If the couple are cohabitating (living together but not married or in a civil partnership), the partner must wait 3 years before applying for guardianship or custody.
This has no impact on the surrogate mother’s status as the child’s legal mother and guardian.
Alternatively, the commissioning parents can seek to adopt the child in order to have a legal relationship with it.
If the child is being adopted, this must be done through the Adoption Authority of Ireland. In this case, there is no guarantee that the child of a surrogate mother would be placed with the commissioning parents.
I think by having Aoife living with them they have created an almighty mess, there is nothing to stop her from packing up both kids and leaving, no court in the land would remove a newborn and a toddler from the only mother they have known, and she would be recognized as their mother under Irish law. So by law, Aoife is the mother and sole automatic guardian, Arthur as commissioning/genetic father can apply for guardianship, Brian can pout and pose but for now no legal recognition, so we will see how things fair when that two year limit is up for the youngest, if Aoife is still in the house or if they have her listed on Done Deal.
