Dáil Éireann Debate, Thursday - 16 July 2020
115. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection her plans for legislation to allow partners of mothers in same sex couples that conceive via IUI or IVF treatment abroad to have their names added to the birth certificate; and if she will make a statement on the matter. [16366/20]
Amharc ar fhreagraUnder the current legislation it is possible for both parties in a same-sex female relationship to be declared parents and, also, to have both of their particulars entered in the register of births as parents of the child.
The provisions in relation to parentage are contained in Part 2 of the Children and Family Relationships Act 2015 (CFRA 2015), which provides for determination of parentage where a child is born as a result of donor-assisted human reproduction (DAHR). These provisions were commenced on 4 May 2020. In the case of DAHR procedures performed after the commencement date, determination of parentage only applies where procedures are carried out within the State.
Legislation governing registration, and re-registration, of births of donor-conceived children are contained in Part 9 of CFRA 2015. These provisions came into operation on 6 October 2019.
Under Part 2 of CFRA 2015, it is not possible for parentage to be assigned to both parties where a DAHR procedure has been performed outside the State after 4 May 2020. The legislation in this area is a matter for the Minister for Health.
