Passport Applications

Dáil Éireann Debate, Tuesday - 15 January 2019

Tuesday, 15 January 2019

Ceisteanna (159)

Clare Daly

Ceist:

159. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade the reason a same-sex parent of a donor-conceived child is required to sign a sole guardian affidavit form AFF 1 in order to obtain a passport for the child in circumstances in which the General Registration Office has registered the child with the surname of both parents on the basis of an acceptance that the child is part of a family unit that includes both parents and that both parents are providing full parental responsibility in respect of the child; and if he will make a statement on the matter. [1156/19]

Freagraí scríofa

Tánaiste and Minister for Foreign Affairs and Trade

All passports are subject to the provisions of the Passports Act 2008 ("the Act") as amended.

In regards to guardianship, the Passport Service is bound by Section 14 of the Act 2008 (as amended). Section 14 requires the consent of a child’s guardian(s) before a passport can issue to the child, subject to very limited exceptions. In line with Section 2 of the Passports Act, guardianship is a term with a defined legal meaning and there are many circumstances in which a person, whether in the context of a same-sex or opposite-sex relationship, may play a role in the upbringing of a child without being a guardian as defined by law.

In cases where a child has only one guardian within the meaning of the legislation, this guardian is required to complete a Sole Guardian Affidavit to confirm that there is no other person holding guardianship rights in respect of the child applying for a passport. This is necessary in order to verify that the requirements for guardian consent have been satisfied.

It is important to note that the registration of a child’s surname in double-barrelled format on a birth certificate does not in itself confer guardianship or parental responsibility.