Unmarried fathers will be given the legal right to guardianship for the first time, under new legislation that has been proposed by the Labour Party.
If adopted, the Bill would effectively end the concept of illegitimacy in Ireland, even though the word itself is no longer recognised.
The Guardianship of Children Bill, published by the party yesterday, has its purpose the right of the child to the society of both parents.
As of now, Irish law does not fully respect the right of a child to know, and be cared for, by both parents. There is no automatic registration of an unmarried father nor does an unmarried father have any automatic guardianship role.
This, in effect, excludes the unmarried father from all key decisions involving the child, the party argued.
Spokeswoman on social and family affairs Roisin Shortall said that the new Bill would enhance the rights of children and also ensure Ireland met its obligations under the United Nations Convention on the Rights of the Child.
Equality spokeswoman Kathleen Lynch pointed out that there had been huge changes in Irish society since the current Act on guardianship became law in 1964.
Almost a third of births now occur outside marriage. “Contrary to popular myth, this is not a phenomenon of teenage pregnancy, as the vast majority of single births are to mothers in their twenties and thirties,” she said.
Senator Alex White said it would bring the law into line with the reality of life. “Largely because of the peculiarly strong family provisions in Article 41 of the Constitution, we have failed to recognise that very many people nowadays live in stable relationships in families which are not families in the traditional sense,” he said.