Gay couple’s child could not receive Irish passport because of DNA rules

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An Irish gay couple living in Canada say that to receive an Irish passport for their baby son they have to prove that one of them is the boy’s biological father. It requires a lot of time and money, moreover, it will mean that the other man will have no parental rights concerning this child. ay O’Callaghan and Aaron O’Bryan, who both have Irish passports but are permanent residents in Canada, had their son Jake through surrogacy and both men provided sperm samples for the fertilization, so they do not even know which of them was chosen to be biologically related to the baby — they are both fathers. But if there is no proofs that one of them is the father (the DNA test must be held for it) then according to the Irish laws the surrogate who gave birth and her partner would be considered parents, though neither of them is biologically related to Jake. O’Callaghan and O’Bryan have pointed out they would not be in this situation if they were a heterosexual couple. “We feel we are now being forced to go down this route of DNA testing, which is not something that we ever wanted to do,” O’Callaghan said. Speaking to the Irish Times, he added: “How can we as a family even consider moving back to Ireland with the current law in place? Canadian law recognizes both of us as our son’s parents, but the thought of moving to a country, our home country, that leaves us in the dark with no parental rights is nothing but barbaric.”

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