Sperm Donor 'Wins Access To Baby'

The Dublin Supreme Court has ruled that a gay man who donated his sperm to a lesbian couple - enabling them to have a baby boy - is entitled to have access to the child.

The ruling overturned the High Court decision which saw the 42-year-old, known only as 'A', refused access to the child. However, the High Court's decision to refuse him guardianship of the boy was upheld by the Supreme Court.

In the High Court decision, Mr Justice Hedigan said the lesbian couple could be regarded as a 'de facto family' and, therefore, have family rights under the European Convention on Human Rights, something that the man did not have, as his only relationship with the child was a biological one.

However, this decision has now been overturned by the Supreme Court. Ms Justice Susan Denham said that the lesbian couple and the child were not a 'de facto family' and that the High Court had given insufficient weight to the fact that, as the child's biological father, the man had natural rights and that there was also a benefit to the child to have the society of its father.

However, she said that the basic issue of the case was the welfare of the child and that, in respect of this, no order for guardianship for the father should be made at this time.

The man's lawyers said that he was "very happy" with the result.

(KMcA/BMcC)