After eight miscarriages, an Irish family decided to have a second child with the help of a surrogate mother from Ukraine. This process was successful and a second child appeared in the family. But unfortunately, the only legal father of the child found out about the diagnosis of progressive cancer. Due to loopholes in the law, the genetic mother is not the legal mother of the child, but only the guardian until the child comes of age. Because of this, it is not possible to make a will to ensure the financial well-being of the child, since after the death of the father and the child turns 18, she will actually become an orphan. Therefore, the family is trying to protect the constitutional rights of people who applied for international surrogate motherhood through the court. Admit in the declaratory form that human rights are being violated and be able to recognize the genetic mother of the child as her legal mother.