A UK trans woman with Irish citizenship is taking legal action against the State on behalf of her child, who was refused Irish citizenship.

The woman, who is Irish through her lineage, used frozen sperm to have a baby with her wife via an IVF procedure at a clinic in the UK. Her wife does not have Irish citizenship.

As RTÉ reports, the application for citizenship was refused on the basis that she is not the biological mother of the child, as recognised by the Foreign Births Register. Her case states that it would be “offensive and discriminatory” if she has to claim to be the child’s biological father in order for Irish citizenship to be granted.

The woman has now been given leave to bring the challenge against the Minister for Foreign Affairs, the Attorney General and the Irish State to the High Court. She aims to seek a declaration from the court recognising  her as the legal and genetic parent of the child.

According to RTÉ, she was told by the Department of Foreign Affairs that under Irish law, the mother of a child is the woman who gives birth.

The woman is also seeking an order that would compel the State to register her child on the Foreign Births Register, and for her child to be granted Irish citizenship through registration with the Foreign Births Register and the Department of Foreign Affairs.

The woman’s application states that if she is obligated to register herself as the biological father of her child in order for her child to receive Irish citizenship, that would be an “attack” on her gender identity as a trans woman.

Additionally, her application highlights the State’s obligation to “protect the family as the natural and fundamental unit group of society”.

The woman is concerned that her family may lose their protections and legal status in the event that the UK withdraws from the European Convention on Human Rights.

The case has been adjourned until January.