Dáil Éireann Debate, Thursday - 1 July 2021
284. Deputy Holly Cairns asked the Minister for Social Protection if it will be ensured that all same-sex parents are facilitated in being recognised as the parents of their children, including being permitted to have both their names on birth certificates. [28648/21]
Amharc ar fhreagraThe provisions in relation to parentage of a child born as a result of donor-assisted human reproduction (DAHR) procedure for same sex couples are contained in Part 2 of the Children and Family Relationships Act 2015 (CFRA 2015). The parentage provisions became operational on 4 May 2020
Under 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.
Existing birth registrations can be re-registered to include both same sex parents as the parents of the child with a court order under S21 of S22 of the CFRA 2015.
S19A of the Civil Registration Act 2004 (CRA 2004) allows both female same sex parents to be registered as the parents of their child at the initial registration stage of the child's birth.
The changes affected by the CFRA 2015 do not apply to male same sex couples or to same sex female couples where a DAHR procedure has been performed outside the State after 4 May 2020, or where the procedure has not been performed in a recognised DAHR facility .
The legislation in this area is a matter for the Minister for Health. The specific issue of legislating for parentage for all same sex couples should be raised with his Department.
From my perspective, civil registration legislation governing registration of births will be kept in line with legislation covering determination of parentage that is set out in the relevant legislation.
