Surrogacy case hears 'principle of intent' is primary consideration

It should be presumed that the parents of a child born to a surrogate mother are "the commissioning couple", a fertility expert told the High Court this morning.

Dr Mary Wingfield, a consultant obstetrician and gynaecologist with the National Maternity Hospital, Holles Street, with a specialty in infertility, said the fact that a child was the genetic child of the commissioning couple was also a factor. But the "principle of intent" was the primary consideration.

Dr Wingfield was giving evidence in a landmark case challenging the refusal of the State to allow the genetic mother of twins born to a surrogate mother to be listed as the children's mother on their birth certificates.

The surrogate mother was the sister of the genetic mother in the case, the Court had been told, and was not objecting to the couple's application.

Reporting on the family law case, which would normally be heard in private, has been partially approved because of the importance of the issues at stake.

Dr Wingfield had been a member of the Commission on Assisted Human Reproduction which reported in 2004. It recommended legislation should be introduced to allow for situations including surrogacy. It had recommended that a child born through surrogacy should be presumed to be the child of the commissioning couple. Dr Wingfield said she agreed with that. She also said she was "very, very disappointed" that the "badly needed legislation" had not been introduced.

It was tragic that couple had to go to the High Court to resolve issues such as in the current case.

"It's not right," she said.

The case continues.