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26th Apr 2016

Judge Grants Gay Couple’s Guardianship Application in Landmark Ruling

Katie Mythen-Lynch

A judge in Ennis has approved Ireland’s first guardianship application for a child to a gay couple.

The order by Judge Patrick Durcan means that Angela Cloke-Hayes is finally an official guardian of the four-year-old daughter she is raising together with her civil partner Marie Cloke-Hayes.

Marie gave birth to the child after the couple chose to use a sperm donor at the Galway Fertility Clinic. However, because Angela is a non-biological parent, up until now she did not have the authority, legally speaking, to make decisions about her daughter’s welfare.

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Granting the application in the family law court, Judge Durcan congratulated everyone involved:

“This is the first application of this kind that has become before this court so that makes it a special one for me too.” he said. “I wish the three of you all happiness.”

Speaking outside the court, Angela told the Irish Mirror it had been an emotional day:

“For me, it is purely a practical matter. Our daughter now has a legal relationship with me. If she is ever unwell in hospital, I can now be with her.

“Also, the other way – if anything ever happened to me, she has access to me in such a situation which is important because she has only ever seen me as a mother. I am her mother in every other aspect.”

It’s the start of a year of celebration for the couple, from Kilmurry near Sixmilebridge, who plan to tie the knot next spring after being in a civil partnership for four years.

In the meantime the Cloke-Hayes family are toasting a landmark success that has laid the foundations for many other families in Ireland to get the recognition they need in the future.

Photo credit: Irish Mirror