Dáil Éireann Debate, Wednesday - 28 June 2006
191 Mr. Stanton asked the Minister for Justice, Equality and Law Reform if he has plans to establish a national register for joint guardianship agreements; if this will require legislation; and if he will make a statement on the matter. [25183/06]
Amharc ar fhreagra192 Mr. Stanton asked the Minister for Justice, Equality and Law Reform if he has plans to allow grandparents become guardians of their grandchildren; if this will require legislation; and if he will make a statement on the matter. [25184/06]
Amharc ar fhreagra193 Mr. Stanton asked the Minister for Justice, Equality and Law Reform if he has plans to introduce legislation regarding the guardianship of children; and if he will make a statement on the matter. [25185/06]
Amharc ar fhreagraI propose to take Questions Nos. 191 to 193, inclusive, together.
The Guardianship of Infants (Statutory Declaration) Regulations 1998 (S.I. No. 5 of 1998) prescribe the form of the joint statutory declaration to be made by the mother and father of a non-marital child who wish the father of the child to become a guardian of the child jointly with the mother in accordance with section 2(4) (inserted by the Children Act 1997) of the Guardianship of Infants Act 1964. The prescribed form indicates that the document is important and should be kept in a safe place. The next and obvious step of entry of the father's name on the register of birth of the child that is the subject of the guardianship agreement is a matter for the parents themselves to arrange. I have no plans to establish a national register for joint guardianship agreements.
Under the law as it stands, grandparents may be the testamentary guardians of their grandchild, if appointed as guardians by deed or will. Grandparents may also, under certain conditions, make application to court to obtain access to their grandchild under section 11B of the Guardianship of Infants Act 1964 as inserted by section 9 of the Children Act 1997. There are no proposals for change in this area.
