Commencement of Legislation

Dáil Éireann Debate, Thursday - 28 June 2018

Thursday, 28 June 2018

Questions (182, 213)

Richard Boyd Barrett

Question:

182. Deputy Richard Boyd Barrett asked the Minister for Health when sections 2 and 3 of the Children and Family Relationships Act 2015 will be commenced to allow registration of the non-biological parent's name on the child's birth certificate; the support that will be available to couples to register the non-biological parent on the child's birth certificate in the case of donor assisted births; and if he will make a statement on the matter. [28423/18]

Pearse Doherty

Question:

213. Deputy Pearse Doherty asked the Minister for Health if his attention has been drawn to the difficulties being faced by same-sex couples with children seeking to obtain parental rights equal to heterosexual couples in view of the fact that parts of the Children and Family Relationships Act 2015 have not been commenced (details supplied); the timeline for the legislation in respect of these specific issues to be commenced; the supports that will be made available to couples in order to register a non-biological parent on a child's birth certificate such as in the case of donor assisted births at present and post commencement; and if he will make a statement on the matter. [28522/18]

Written answers

Minister for Health

I propose to take Questions Nos. 182 and 213 together.

The Children and Family Relationships Act 2015  reforms and updates family law to address the needs of children living in diverse family types, the commencement of Parts 2 & 3 of the Act is the responsibility of the Minister for Health. During the preparation of regulations to facilitate the commencement of Parts 2 & 3 of the Act a number of technical drafting issues came to light that required amendments to the Act of 2015 through primary legislation.

The Minister for Health received Government  approval on Tuesday 26 of June  to draft an  amendment Bill to remedy the defect in the Act of 2015. The commencement of parts 2 and 3 of the Children and Family Relationships Act 2015 will allow same-sex couples to apply to the courts for parentage rights. This will be a very welcome step for lots of families. I hope to be in a position to introduce this legislation into the Dáil as soon as possible  and commence in the autumn.”

The registration of births is the responsibility of the Department of Employment Affairs and Social Protection.