Cases involve the right to citizenship of children born to mothers of different nationalities through shared motherhood IVF
The Irish Human Rights and Equality Commission (the ‘Commission’) has been given permission by the Supreme Court to appear as amicus curiae in two joined cases that concern the right to citizenship of children born abroad to same-sex couples of different nationalities.
The Supreme Court will consider the Minister for Foreign Affairs’ refusal to issue passports to children in circumstances where the children’s parents assert that their children are entitled to Irish citizenship by descent.
The joined cases are known as ‘X and Y’.
Under the Irish Human Rights and Equality Commission Act 2014, the Commission may seek the permission of the Superior Courts’ to appear before them as amicus curiae (or friend of the court) in cases that concern human rights and equality law.
In X and Y, the Commission sought to appear because the cases involve significant human rights issues that go beyond the facts of the individual cases.
The Commission will seek to assist the Supreme Court with submissions about the human rights and equality law issues arising, including the Rights of the Child, Family Rights and the Right to Equal Treatment, among others.
Chief Commissioner, Liam Herrick said:
“These cases raise important issues about the rights of children to Irish citizenship. As amicus curiae, the Commission is happy to offer independent human rights and equality expertise to support the Court’s consideration of these appeals.”