Dáil Éireann Debate, Tuesday - 14 July 2020
970. Deputy Martin Browne asked the Minister for Health if his attention has been drawn to the challenges faced by LGBTQ parents due to the lack of legal recognition for both parents; his plans to address these issues; and if he will make a statement on the matter. [14677/20]
View answerThe Children and Family Relationships Act 2015 represents one of the most significant changes in family law in a generation. It aims to reform family law in a way that is inclusive of, and sensitive to, the reality of contemporary family life in Ireland. It attempts to better reflect this reality by meeting the needs of children living in diverse family types. Parts 2 & 3 of the Act of 2015 contain provisions relating to the regulation of donor-assisted human reproduction (DAHR) procedures carried out in the State. This covers situations where the child born as a result of that procedure is born in the State and where the intending mother carries the pregnancy and gives birth to the child. The recent commencement of Parts 2 & 3 of the Children and Family Relationships Act 2015 (as amended) on 4 May 2020 will, for the first time, provide a legal framework for registering the births of children who are born as a result of assisted human reproduction (AHR) involving donated eggs or sperm or embryos.
People can also acquire rights in respect of their children through guardianship or step-adoption. Under section 6C of the Guardianship of Infants Act 1964 (as amended) – which was inserted by section 49 of the Children and Family Relationships Act 2015 – a spouse, civil partner or cohabitant (who has co-habited with the other parent for over three years), can apply for guardianship provided they have shared parenting responsibility for the child for over two years. The applicant applies to the District Court for guardianship. Issues relating to guardianship rights generally are the responsibility of the Minister for Justice.
In addition, it may be possible for the spouse, civil partner or cohabitant of a child’s legal parent to obtain full parental rights and responsibilities in respect of the child through step-parent adoption. Issues relating to adoption are the responsibility of the Minister for Children, Disability, Equality and Integration.
In relation to children born through surrogacy, the Deputy may be aware that the Government approved the drafting of a bill on AHR and associated areas of research which encompasses the regulation of a range of practices for the first time, including altruistic domestic surrogacy. The General Scheme of the Assisted Human Reproduction Bill also provides for the establishment of an independent regulatory authority for AHR. These provisions outline the specific conditions under which surrogacy in Ireland will be permitted, including a requirement for all surrogacy agreements to be pre-authorised by the AHR Regulatory Authority. The General Scheme also sets out a court-based mechanism through which the parentage of a child born through surrogacy may be transferred from the surrogate (and her husband, if applicable) to the intending parent(s). Drafting of the Bill is ongoing in conjunction with the Office of the Attorney General.
