De Mommy, De Mama, De Facto

Ireland’s 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.” This meant denying guardianship and access rights to the sperm donor, a former friend of the couple. The donor had signed an agreement with the women “that he would not occupy the role of father” and “his access to the child would be at the discretion of the couple.” The judge found, however, that:

[The man] misled the couple as to his true intentions in entering into the sperm donation agreement,” and “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. . . . The baby’s welfare was best served by remaining with the couple with no access by his biological father.

This seems like the right decision to me, although the man may yet appeal to the Supreme Court..

Now for a quick exercise in journalistic bias. Compare these three headlines about the case:

• From The Irish Times: “Lesbian couple with child ‘a de facto family'”
• From Independent.ie: “Sperm donor loses baby battle”
• From RTÉ News: “Sperm donor loses bid for access to son”

(On another note, I can’t help thinking that if Ellen and Portia ever moved to Ireland and had kids, they’d be the DeGeneres-De Rossi De Facto Family. Groan. OK, time for me to get some sleep. . . .)