THE HIGH Court has ruled that a lesbian couple living together in a long-term committed relationship with a child can be regarded as a de facto family enjoying rights under the European Convention on Human Rights.
In a judgment that will have an impact on the debate about legislating for same-sex couples, Mr Justice John Hedigan has said that the best interests of a child lay in remaining with his mother and her female partner, denying guardianship and access rights to the child's biological father, who donated the sperm to the mother.
Legislation to protect the rights of cohabiting couples, including those of the same sex, is due to be published soon.
The father, a gay friend of the couple, yesterday lost his High Court bid for guardianship and access rights. It is believed he will appeal the decision to the Supreme Court.
Mr Justice Hedigan said there was nothing in Irish law to suggest that a family of two women and a child "has any lesser right to be recognised as a de facto family than a family composed of a man and a woman unmarried to each other".
He said the rights of a man who acted as a sperm donor were at least no greater than those of an unmarried father. In considering his application for guardianship the child's welfare was the paramount consideration.
He believed there existed such personal ties between the couple and the child as to give rise to family rights under Article 8 of the European Convention on Human Rights which do not conflict with Irish law.