The Supreme Court has ordered that the biological father of a lesbian couple’s son should have access to the child.

He’s partly won an appeal from the High Court which ruled last year that the two women who are living together in a long-term relationship with the child had rights as a de facto family.

In an unanimous decision, the Supreme Court upheld the High Court’s order to refuse the biological father guardianship rights over his 3 year old son.

However, the five judge court has ruled that there is no such institution as a de facto family in Ireland and this could not be weighed against him on the issue of access.

The 42 year old gay friend of the couple – who had agreed to act as a sperm donor – was refused access rights to his son in the High Court but this has now been overturned on appeal to allow for the best interests of the child.

No order has been made as to the extent of that access; the parties have been urged to work that out for themselves, or to return to the High Court to deal with the particulars.