Friday, December 11, 2009

McD v L in Ireland's Supreme Court: Sperm Donation, Gay Families and Marriage

12/10/09 Human Rights in Ireland by Máiréad Enright:

Ireland's Supreme Court has ruled that a same-sex family is not a "de facto" family under Irish law:
The Court clarified that the ‘de facto family’ does not exist as a rights-bearing institution at Irish law. It is not merely the case that the de facto family does not enjoy equivalent protection to the marital family under Article 41 and 42, but that it enjoys no protection as such at all. In consequence, B.M., as non-biological mother had no rights as such in respect of the child.
12/11/09 Related Topics by law professor Julie Shapiro:
This case demonstrates so many of the difficulties faced by families that do not comport with the heterosexual-and-married model. The court refuses to recognize the existence of such families. It makes marriage the absolute prerequisite to legal protection for a family. It therefore is untroubled by the [sperm] donor’s interference with the women’s family, for it is not a recognized family in the first place. The donor is able to prevent the women from acting autonomously and moving where they wish to move.

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