A Donegal woman expecting twins says she must give birth in Dublin rather than nearby Derry so her wife can be legally recognised as a parent. The case has renewed calls for urgent reform of Ireland’s parentage laws, particularly for families who live and receive healthcare across the Border.
What happened?
Cat Brogan, a 41-year-old poet from Omagh who lives in Co Donegal, was initially receiving maternity care at Altnagelvin Hospital in Derry, around a 15-minute drive from her home.
She later learned that, under the current rules, giving birth in Northern Ireland could mean her wife would not automatically be recognised as a parent in the Republic of Ireland. The couple therefore transferred their care to hospitals in the State.
Brogan is now scheduled to have a Caesarean section in Dublin at 32 weeks of pregnancy. Doctors have identified growth restriction in one twin, and both babies are expected to require neonatal care after birth.
Why the family had to move its care to Dublin
The couple conceived through IVF using Brogan’s eggs and donor sperm. The treatment took place in Dublin, which is one of the conditions linked to recognition of both parents under the current legal framework.
However, the law also requires the birth to take place in the State for the non-birth parent to be recognised in the relevant circumstances. That requirement created a serious practical problem for a family living close to Derry and far from Dublin.
Brogan initially moved her maternity care to Letterkenny University Hospital after discovering the legal implications of a Northern Ireland birth. She has been an inpatient at the National Maternity Hospital in Dublin since September after specialist monitoring became necessary.
“It shouldn’t be like that”
Brogan said she was shocked to discover that the location of the birth could affect her wife’s relationship with their children.
She said the couple made the decision to have the babies together, underwent IVF together and had experienced the pregnancy as a family. In her view, the children should not have a different legal relationship with one parent simply because they are born on one side of the Border rather than the other.
The situation has also created emotional and financial pressure. Brogan is self-employed, works in both jurisdictions and has no established family or friendship network in Dublin. She said she does not yet know how she will manage accommodation and regular travel while the twins receive neonatal treatment.
Parentage law and donor-assisted reproduction
The case highlights the complex interaction between Irish family law, donor-assisted human reproduction and cross-Border healthcare. Same-sex couples may need to satisfy specific requirements before both parents are legally recognised.
Those requirements can be difficult to understand, particularly for families who live near the Border and routinely use services in both the Republic and Northern Ireland.
- The fertility treatment took place in Dublin.
- Brogan initially received maternity care in Derry.
- She later transferred care to hospitals in the Republic.
- The planned birth will take place in Dublin to protect her wife’s legal status as a parent.
William McLoughlin, a barrister assisting same-sex couples involved in parentage cases, described the situation as shocking. He also warned that some families may only discover the legal difficulty after a child is born, potentially leaving one parent without recognised rights.
Government promises legislative changes
A Department of Health spokesperson said planned amendments to the Assisted Human Reproduction Act and the Children and Family Relationships Act will address issues involving recognition of parentage.
The proposed changes are expected to cover situations where donor-assisted reproduction takes place in the State but a child is born outside the jurisdiction. The Health Minister hopes to bring the legislation before the Dáil as soon as possible, according to the department.
No further timetable or details of the proposed amendments were provided in the information available. Until changes are enacted, families in similar circumstances may continue to face uncertainty over how parentage is established and recognised.
Why the case matters across the Border
Brogan’s experience raises broader questions about how Irish law accommodates people whose homes, workplaces and healthcare arrangements span both jurisdictions.
For residents of Donegal, Derry and other Border communities, the nearest suitable hospital may be located across the Border. Travel distance can be especially important during high-risk pregnancies, when frequent appointments, emergency access and specialist care are major considerations.
The case also underlines the importance of clear information before fertility treatment begins. Prospective parents may need to understand how the location of treatment, pregnancy care and birth could affect legal recognition, birth registration and parental rights.
What happens next?
Brogan is expected to undergo her Caesarean section in Dublin this week. The twins will likely remain in neonatal care for several weeks, meaning the family faces an extended period away from home.
The immediate priority is the health of the babies and their mother. The longer-term issue is whether proposed legislation will remove the gap affecting children conceived through treatment in the State but born elsewhere.
Families awaiting clarification should seek advice from qualified legal and healthcare professionals, as individual circumstances can differ. Official guidance from the Department of Health and relevant family-law services will be important as reforms progress.
Frequently asked questions
Why is the woman travelling from Donegal to Dublin?
She is travelling to Dublin because current rules may not recognise her wife as a parent if the twins are born in Northern Ireland.
Where was the IVF treatment carried out?
The IVF treatment took place in Dublin using Brogan’s eggs and donor sperm.
What legal changes are planned?
The Department of Health says amendments to assisted reproduction and family relationship laws will address parentage recognition where treatment occurs in the State but birth takes place outside it.
Who is affected by the issue?
The issue may affect donor-conceived children and families, including same-sex couples, whose fertility treatment, residence and healthcare involve both jurisdictions.
Conclusion
This Breaking News Ireland case shows how a legal technicality can create significant medical, emotional and financial pressure for a family living near the Border. Brogan’s planned journey from Donegal to Dublin is not simply a matter of preference: she says it is necessary to ensure her wife is recognised as the twins’ parent. The Government’s proposed reforms will be closely watched by families seeking certainty that parental rights will not depend on where a child is born.