Dáil Éireann Debate, Tuesday - 14 February 2012
473 Deputy Eoghan Murphy asked the Minister for Justice and Equality if he will clarify those parental, or other, rights that currently extend to both partners in a same sex relationship when one is the biological parent of the child and one is not. [7976/12]
View answerThe Guardianship of Children Acts 1964 to 1997 set out who may have parental responsibility for a child. The position is that the married mother and father of a child are jointly guardians of the child. In relation to a child born outside marriage, the mother is sole guardian unless she and the father make a statutory declaration appointing him joint guardian of the child, or the father obtains a court order appointing him guardian of the child. Guardianship entitles a parent to make important decisions regarding a child's upbringing, for example, deciding on the child's religion, education, medical treatment and where he/she lives. Both parents are responsible for maintaining the child, and a father may apply for custody of or access to his child, whether or not he is the child's guardian.
Where a child's parent is in a relationship with another person, whether of the same sex or of the opposite sex, that other person has no parental responsibility for the child under the law as it stands. In this regard, I refer the Deputy to my reply to Questions numbers 390, 397 and 411 of 7 February 2012 in which I said:
“The Programme for Government includes a commitment to amend the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 to address any anomalies or omissions, including those relating to children. In this regard, the Law Reform Commission has made detailed recommendations in its Report on the Legal Aspects of Family Relationships. In particular, the Commission recommends that legislative provisions be introduced to facilitate the extension of guardianship (parental responsibility) to civil partners and step-parents either by agreement with the other parties who have parental responsibility for the child or by application to court. The Commission’s recommendations are under consideration in my Department with a view to preparing legislative proposals.”
