Vol. 444 No. 7
15 Ms McManus asked the Minister for Equality and Law Reform if legislation is required to give effect to the judgement of the European Court of Human Rights on unmarried fathers; and if guardianship rights will be extended to such fathers.
Under the law as it stands in the Guardianship of Infants Act, 1964, as amended by the Status of Children Act, 1987, the father of a child born outside marriage can apply to the court to be made guardian of the child and the court will decide on the application treating the welfare of the child as the first and paramount consideration. As in other jurisdictions, our law does not confer automatic rights of guardianship on an unmarried father. Prior to the 1987 legislation an unmarried father could become the child's guardian only by marrying the mother.
