Dáil Éireann Debate, Wednesday - 17 December 2014
113. Deputy Ciarán Lynch asked the Minister for Justice and Equality her views on concerns that the Children and Family Relationships Bill 2014 commodifies children, undermines the right of a child to a mother and father whenever possible, and deliberately disrupts the natural ties between parents and children; and if she will make a statement on the matter. [48564/14]
View answerThe General Scheme of the Children and Family Relationships Bill will significantly reform family law, and is intended to secure the legal rights of a child in her or his family setting. Many children live in families other than with their married biological parents, and up to now there has been very little legal recognition or protection for children living in these families.
The Children and Family Relationships Bill is a child-centred Bill which will have a real and meaningful effect on the lives of many children, especially those born through donor-conception, whether they are born to opposite-sex or same-sex couples. Under the law as it stands, parentage cannot be secured by a same-sex couple. As a result, the non-biological parent does not have the rights and responsibilities of a parent in relation to the child. Opposite-sex couples can benefit from presumptions of paternity in relation to the intending father, but this is rebuttable, which means that the child remains in a vulnerable position as regards his or her parentage.
The Bill will change this situation. The measures in the Bill will ensure that a donor-conceived child born to a couple has rights in relation to both of his or her parents, and that both parents have corresponding rights and responsibilities to the child. The rights of the child to know his or her identity, including as to his or her genetic origins, are also secured. A key aim of the Bill is to secure the child's best interests and to ensure that they and their families have legal recognition and protection.
The General Scheme also includes a number of provisions aimed at supporting the relationship between parents and children. Many unmarried fathers will benefit from the provisions, for example, enabling them to become guardians of their children automatically if they have lived with the child's mother for 12 months, including 3 months following the child's birth. The provisions on making parenting orders work recognise the importance of supporting parents to maintain meaningful relationships with their children even in the context of relationship breakdown between the adults. To this end, the General Scheme proposes a series of measures to ensure better compliance by both parents with custody and access orders.
In light of these points, I would not, therefore, accept any of the propositions behind the concerns set out in the Deputy's question.
