Assisted Human Reproduction

Dáil Éireann Debate, Tuesday - 24 February 2015

Tuesday, 24 February 2015

Ceisteanna (344)

Derek Nolan

Ceist:

344. Deputy Derek Nolan asked the Minister for Justice and Equality the way the Child and Family Relationships Bill 2013 will deal with couples who have a child by assisted human reproduction, which was carried out in a non-clinical setting, but with the donor's full consent; the status the birth mother's partner will have in this situation; if the birth mother's partner can be recognised as the child's second parent; if the Bill will deal with these situations, in a retrospective manner, as they apply to many Irish couples; and if she will make a statement on the matter. [8197/15]

Freagraí scríofa

Minister for Justice and Equality

The Children and Family Relationships Bill, which is going through second stage in the Dáil this week, will not change the position of any child born as a result of assisted human reproduction in a non-clinical setting. There is case law concerning the parentage of a child born in such circumstances, and it is very clear that the natural father has parental rights and responsibilities in relation to the child. The birth mother's partner is not a parent.

Families in these circumstances have a number of possible options. The birth mother and her partner may seek to jointly adopt the child, as the Bill will amend the Adoption Act 2010 to allow civil partners or cohabiting couples to be able, subject to being assessed as suitable, to adopt jointly. The father would be entitled to be consulted on any proposed adoption. If adoption is not an option, the birth mother's partner could apply for guardianship of the child.