It feels like a riddle: "His mother is also his father. Explain....."
Predestination.
It feels like a riddle: "His mother is also his father. Explain....."
I think it is pretty clear tbh.
The applicant is the legal parent of the child, their sperm was used to create the embryo and their wife provided the eggs and carried the pregnancy.
The applicant has legally and socially transitioned to female.
The applicant is an Irish citizen, and wants their child to obtain an Irish passport based on the applicant's citizenship.
The Irish state say that they can only do this if the applicant's claim is based on them being the father of the child.
The applicant says that to claim they are the father of the child invalids their gender identity and their same sex marriage and that the child's citizenship application should be accepted on the basis that one of their parents is an Irish citizen (regardless of the gender of that parent)
The Irish state say that motherhood is defined by the act of birth and so the applicant's wife is the mother of the child. The cannot, therefore, recognise the applicant as the mother of the child.
The only bit I don't understand about this tbh is that we do recognise same sex female couples as parents in Ireland. We allow both the birthing and non birthing parent to be named on the birth certificate of a child in circumstances where a lesbian couple have a baby using a sperm donor. So if we can do that, I can't really see why they can't treat this couple in the same way.
The only bit I don't understand about this tbh is that we do recognise same sex female couples as parents in Ireland. We allow both the birthing and non birthing parent to be named on the birth certificate of a child in circumstances where a lesbian couple have a baby using a sperm donor. So if we can do that, I can't really see why they can't treat this couple in the same way.
We definitely recognise same sex couples for the purposes of citizenship. They are both legal parents to the child. So if they were a traditional (for want of a better word) lesbian couple in Ireland then either of them being an Irish citizen would be a basis for the child claiming a passport. It gets a bit murkier if the child is born abroad, but the precedent is there.But we don't presumably recognise same sex female couples for the purposes of citizenship. If the birthing mother was from the UK and the Non birthing mother was Irish. That child would not be eligible for citizenship.
That's about the size of it for me too.I'm not arguing the legal side of things with you. The argument is biological, the person providing the small reproductive cell must be male and must therefore be the father, that doesn't necessarily negate the fact that the father has transitioned ans is now a women when speaking of gender but they are biologically male.
Similarly the person providing the large reproductive cell is the mother if for instance a surrogate were to be used.
Having said all that its storm in a teacup. Irish Sperm, Irish parent, Irish Kid in my book. They should grant it citizenship.
They should also enter the trans woman as the father in birth documents. It is biologically correct to do so. It has nothing to do with that person's gender
My understanding is the Irish authorities would have no issue with this, it is the trans person who does not accept this as it would upset their principles or something. An educated guess would be this trans person is a fucking idiot who is totally wrapped up in themselves and is more concerned about their own shit than the child's nationality.Having said all that its storm in a teacup. Irish Sperm, Irish parent, Irish Kid in my book. They should grant it citizenship.
They should also enter the trans woman as the father in birth documents. It is biologically correct to do so. It has nothing to do with that person's gender


