Dáil Éireann Debate, Tuesday - 18 December 2012
492. Deputy Eoghan Murphy asked the Minister for Justice and Equality the timeframe for the enactment of changes to family law legislation that are expected following the passing of the children's rights referendum. [57095/12]
View answerThe Programme for Government commitment to reform and modernise aspects of family law will be progressed as soon as possible having regard to the need for consultations and the need to dispose of urgent legislative matters in my Department under the EU/IMF Programme of Financial Support for the State.
As I indicated in response to Question No. 66 of 11 December 2012, I am considering the detailed recommendations of the Law Reform Commission 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.
With a view to comprehensively addressing this area of the law, I am presently engaged in the preparation of a Family Relationships and Children's Bill. In that context, I am considering the Commission's specific recommendations on legislative reform, which will put same-sex couples and step-parents on an equal footing with other couples in relation to their children. I am also reviewing existing legislation worldwide addressing the issues of parentage, assisted human reproduction and surrogacy and considering the recommendations contained in the Report of the Commission on Assisted Human Reproduction published by the Department of Health in 2005. Those reforms must ensure that children in lesbian or gay family units are able to form a legal connection with their non-biological parent and that kindred relationships flow from such legal connection. In particular, reform of the law is needed in the areas of guardianship, custody and access, and to ensure maintenance and inheritance rights for the children of civil partners.
