An Irish woman has been deemed ineligible to adopt her de facto children due to their births through a Ukrainian surrogacy arrangement, the High Court has been informed.

The woman’s husband is the biological and legal father of the twins, while another woman donated the eggs, and a Ukrainian woman carried and gave birth to them under the surrogacy agreement.

Although the woman has always lived with and acted as the children’s mother, she was appointed their guardian and joint custodian four years ago. However, she claims she is “not their parent as a matter of Irish law.”

Having been diagnosed with cervical cancer years ago, which required chemotherapy and a hysterectomy, she described it as a “devastating blow” that hindered their hopes of starting a family together at the time.

She applied to the Child and Family Agency (Tusla) for a step-parent adoption assessment, which initially received a recommendation from the chair of the adoption committee for a declaration of eligibility and suitability to adopt the children.

However, the Adoption Authority of Ireland declined her application, citing the fact that the children were born through a surrogacy arrangement and pending regulatory legislation on surrogacy agreements.

The family, including the woman, her husband, and the two children, has taken legal action, alleging that the adoption authority erred in refusing to declare her eligible and suitable for step-parent adoption based on surrogacy and pending legislation.

They argue that she meets the criteria under section 34 of the 2010 Adoption Act, which focuses on the applicant’s suitability to have parental rights and duties regarding the child.

In their legal challenge, they emphasize the importance of considering the family’s constitutional rights to equality, the children’s constitutional rights, and their rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The woman explained in her affidavit that she and her husband explored adoption in Ireland initially but turned to surrogacy due to limited chances. They formed a bond with the Ukrainian woman who carried the twins for them during their surrogacy journey.

The refusal of the adoption authority to grant a declaration has caused distress to the children and uncertainty for the family, she stated.

Granting permission for judicial review of the authority’s decision, the court ordered that the applicants’ identities remain protected.

The applicants seek to overturn the authority’s decision, obtain a declaration of eligibility and suitability, and seek damages for alleged breaches of statutory duty and constitutional rights.