Dáil Éireann Debate, Tuesday - 24 July 2018
756. Deputy Jack Chambers asked the Minister for Justice and Equality his plans to bring forward legislation to amend the Adoptive Leave Acts in order that adoptive fathers are entitled to a period of adoptive leave; and if he will make a statement on the matter. [32997/18]
Amharc ar fhreagraAs the Deputy is aware, Section 6 of the Adoptive Leave Act 1995 provides for an entitlement to 24 weeks adoptive leave for an employed adopting mother or a sole male adopter.
Following adoption of the 34th amendment to the Constitution and its subsequent legislative changes, my Department identified a lacuna in the Adoptive Leave Act 1995 that prevents male same-sex married couples from availing of adoptive leave and benefits.
To address this lacuna, my Department has prepared draft legislative proposals that will amend the Adoptive Leave Act and will afford the same entitlements to adoptive leave and benefits to all couples who are married, co-habiting or who are in a civil partnership, irrespective of gender. In this context, I can confirm that the Government intends to amend the Act to allow an adopting couple to determine which parent is entitled to take adoptive leave, based on the best interests of their family. These proposals will be inserted into a suitable legislative vehicle in the next parliamentary session.
