List of Laws and Reports On LGBT Rights in Ireland - McD V. L (High Court) (2008)

McD V. L (High Court) (2008)

In this case a lesbian couple P.L. and B.M. had a child using sperm donated by J.McD. a gay friend of theirs. They had arranged a contract with J.McD. The role of J.McD. was to act as an ‘uncle’ to the child but not be involved in the daily life of the child. J.McD. went to court to establish guardianship over the child, as its natural father. The High Court refused J.McD.'s application. The High Court upheld the contract agreed by P.L. and B.M. and granted them sole guardianship and custody of the child at the centre of the case. Significantly the High Court acknowledged the lesbian couple and their child as a de facto family who enjoyed the rights granted to families under Article 8 of the European Convention of Human Rights. The judge also called upon the Oireachtas to legislate for same-sex couple who raise children and recognise them as families.

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