Source: Irish Times, Irish Independent, Press Association, RTE News 
Dublin -- The Dublin High Court has ruled that a lesbian couple living together in a long-term committed relationship with a child can be regarded as a de facto family enjoying rights under the European Convention on Human Rights.

In a judgment that will have an impact on the debate about legislating for same-sex couples, Mr Justice John Hedigan has said that the best interests of a child lay in remaining with his mother and her female partner.

A gay friend of a lesbian couple who donated his sperm to one of them, resulting in the birth of a boy, filed the landmark case with the High Court in a bid for guardianship of the child.

Rejecting his claim yesterday, Hedigan said the child's welfare was best served by remaining with the couple, and by the man in his forties having no guardianship or access to the infant. It is believed he will appeal the decision to the Supreme Court.

And advocacy group, Unmarried and Separated Fathers of Ireland, warned that the decision could end up being a major setback for fathers' rights. Legal spokesman Donnacha Murphy said: "Legislation may further the issue of inequality in Irish family life. The only way to achieve ultimate equality is by an amendment to the constitution."

The group called for the the Irish government to undertake radical reform of family law.

Legislation to protect the rights of cohabiting couples, including those of the same sex, is due to be published soon.

In his ruling, Hedigan called on the government to give urgent consideration to legislation to take account of the existence of same sex couples and securing their rights under the ECHR, particularly where such a couple wishes one of them to bear a child.

A range of issues arises from legal shortcoming of having no explicit law, including questions over access to fertility facilities, the rights and likely problems of the parties and succession rights.

"It is to be hoped that current consideration of the position of de facto families in Irish law may help to avoid, in the future, the emotional trauma to which the parties in this case have been subjected," said Justice Hedigan.

Hedigan said there was nothing in Irish law to suggest that a family of two women and a child "has any lesser right to be recognised as a de facto family than a family composed of a man and a woman unmarried to each other".

The judge added that the rights of a man who acted as a sperm donor were no greater than those of an unmarried father. He had the right to apply to be appointed as a guardian, but no automatic right to appointment.

The sperm donor, known only as "A" in court documents, argued that he signed an agreement with the couple that he would not occupy the role of father but that he would have the role of a 'favourite uncle' and his access to the child would be at the discretion of the couple.

Last year, the man secured an injunction preventing the couple from taking the child to Australia for a year pending the outcome of this action seeking orders for guardianship and access, television network RTE reports.

In his ruling, Hedigan found that A had misled the couple as to his true intentions in entering into the sperm donation agreement.

The judge ruled that there existed such personal ties between the couple and the child as to give rise to family rights under Article 8 of the European Convention on Human Rights which do not conflict with Irish law.

He found that, as the evidence established no relationship other than a biological one between the man and child, the man did not have family rights under Article 8 of the ECHR.

The child, almost two, lived in a "loving, secure, de facto family'' with the couple, who were joined in a civil union in England, had been together for 13 years, and were "excellent parents''.

A psychiatrist appointed by the court concluded that the man should not have rights which could interfere with the child's family life.

The judge said the evidence established there was a "poisonous" relationship between the man and the child's mother, an "arms length" relationship between him and her partner. The child had no opportunity to form an bond to the man, although the man had formed a bond with the child.

Full article: Lesbian couple with child 'a de facto family' | Irish Times
Sperm donor loses baby battle | Irish Independent
Gay sperm donor denied son access | Press Association
Sperm donor loses bid for access to son | RTE news