A judge has granted a same-sex couple guardianship for a child under the new legislation passed last year, the Children and Family Relationships Act 2015.
This is one of the first decisions of its kind in Ireland, and means that the State legally recognises the woman as part of her daughter’s family.
The child, which was made possible by a sperm donor, is the biological child of the woman in question's partner.
Until now, the woman had no legality to the child and was not recognised as a part of her life.
That means if the child had been admitted to hospital, she would have no authority to be with her or make any decisions regarding her welfare.
In the short hearing, the woman stated her case by saying: “I am the non-biological parent but my name wasn’t on the birth certificate and I am applying for guardianship today.”
The judge wanted to share his thoughts with the new family after granting their application.
“I want to compliment and congratulate everyone involved. This is the first application of this kind that has come before this court so that makes it a special one for me too. I wish the three of you all happiness.”
The new family were delighted leaving the court and told The Irish Times: “It’s brilliant, fantastic – we have champagne ready at home.”
“For me it is purely a practical matter. Our daughter now has a legal relationship with me. If she is ever unwell in hospital, I can now be with her.”
Her partner then said: “It would change our daughter’s fundamental understanding of our family if we were to get into it with her. As far as she is concerned, we are who we are: we are her family.”
