Dáil Éireann Debate, Tuesday - 6 March 2012
391 Deputy Joanna Tuffy asked the Minister for Justice and Equality if he intends to implement the recommendations of the Law Reform Commission outlined in its 2010 report Legal Aspects of Family Relationships in respect of parental responsibility; and if he will make a statement on the matter. [12426/12]
View answer394 Deputy Eric Byrne asked the Minister for Justice and Equality the position regarding the legal rights of same sex couples (details supplied) in respect of parenting rights and responsibilities; and if he will make a statement on the matter. [12444/12]
View answerI propose to take Questions Nos. 391 and 394 together.
The Programme for Government contains a commitment to reform and modernise aspects of family law. In this context, the detailed recommendations in the Law Reform Commission's Report on the Legal Aspects of Family Relationships on guardianship rights (parental responsibility) for unmarried fathers, civil partners and step-parents are under consideration in my Department with a view to preparing legislative proposals.
Under the law as it stands, where a child's parents are married, both parents are automatically the child's guardians. Where a child is born outside marriage the mother is the sole automatic guardian. Where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act 1964, as inserted by section 4 of the Children Act 1997, appointing the father as a guardian of his child. In the absence of agreement, a non-marital father may apply to the court to be appointed a guardian of his child. A parent's same sex partner (whether or not they are civil partners) has no parental rights under the law.
Section 11 of the Guardianship of Infants Act provides that the guardian of a child or the unmarried father of a child, even if he is not a guardian, may apply to the court for its direction on any question affecting the welfare of the child, including orders on custody and access. In making such orders, and in determining whether an unmarried father should be appointed guardian, the court has to regard the welfare of the child as the first and paramount consideration. It is worth noting that the vast majority of applications for guardianship which proceed before the court are successful.
