Ireland has been making waves on the surrogacy scene for some time now, but an ongoing landmark case in the family division of the High Court, has become hugely exciting, to say the least.
The genetic parents of twins born through a surrogate mother have bought their case to the courts with a view to trying to have the birth certificates amended so that the genetic mother is named as the legal mother, rather than her sister, who gave birth to the twins.
The arguments being put forward are truly fascinating: on the one hand, experts on the case have suggested that DNA is the key to determining motherhood and on the other, that environment (here, the surrogate’s womb) plays a large part in determining an unborn child’s development. These are the core issues the court must decide upon before it can make a ruling.
We’re hugely interested to know the outcome of this case, but the answer may not be as simple as choosing one interpretation over another. In fact we’ve developed quite a headache thinking about it.
Tell us what you think!
This case is not representative of the majority of surrogacy births, which involve differentials of power between classes and increasingly exploitation of women not considered to be valid human beings but instead baby vessels. The greater question that still remains is whether there is validity to the idea that one has a “right” to procreate above and beyond immediate limitations, and whether this bourgeois class conceit—supported by the legal, medical, social welfare, and governmental systems that prop up this class—can continue to abuse others for such a luxury and privilege.
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