A gay married couple have told of their joy after they managed to get an Irish passport for their Canadian-born son following a bureaucratic nightmare.
They had their baby boy, Jake, through a surrogate in Toronto, but were forced to jump through hoops by Irish officials to prove one of them was the biological father.
After six months of phone calls, web chats and emails they were told they needed to apply through the courts for an application of parentage.
The couple were also shocked to learn that the surrogate had more rights to their child than they did, despite their being named as legal parents on his birth certificate.
Earlier this week, doting dad Jay told Dublin Gazette that Jake was now the proud holder of an Irish passport – but he blasted the Government for making the process so painful.
He said: “Although myself and my husband’s names are the only two names on Jake’s birth certificate, we were still required to provide additional documentation, including DNA evidence, to prove Jake was indeed our son.
“We had to prove that we are both habitual residents of Canada and that Jake is also an habitual resident of Canada.
“We were also required to complete an affidavit of laws prepared by a Canadian lawyer stating myself and my husband are the main decision-makers for our son, our surrogate does not have parental rights to our son, and that if our surrogate has a husband, that he does not have rights to our son.
“Once all of this was submitted, we finally received Jake’s Irish passport. It took over a year – a lot of stress and tears, but we are so happy to officially say that our son is an Irish citizen.”
Jay and Aaron married in Ireland after the 2016 Marriage Equality referendum and emigrated to Canada.
Despite getting the passport, the State here does not recognise the two men as equal and only one of them can be the legal parent under current legislation.