Family law Bill hailed as ‘major step’

Legislation described by Taoiseach Enda Kenny as the most important change in family law since the foundation of the State has been approved by the Cabinet.

The Children and Family Relationships Bill will be debated in the Dáil next week and the Government plans to have it enacted by March 24th.

The Bill provides for adoption by same-sex couples and provides a legal framework for children born through donor-assisted reproduction.

Minister for Justice Frances Fitzgerald, who secured the agreement of her Cabinet colleagues for the Bill, said it would provide crucial legal support and protection for children in their relationships with those parenting them.

This may include married or unmarried parents, a parent’s partner, grandparents or relatives. She said it would provide for parentage, guardianship, custody and access across situations that are not addressed adequately in current law.

One of the key features is that it will enable grandparents and other relatives to have access more easily to children in the context of relationship breakdown, and to apply for custody if there is no parent willing or able to take responsibility for caring for the child.

"This reform of family law is a major step forward. It is a substantial and detailed response to the reality of family life in Ireland today," said Ms Fitzgerald.

The Bill, which runs to more than 170 sections, extends guardianship, custody and adoption rights to different family situations.

Jointly adopt

Under the Bill, civil partners and cohabiting couples who have lived together for three years will be able to jointly adopt, which they currently cannot do as a couple. If a spouse, civil partner or partner has lived with a parent for three years and has looked after the child for two years, he or she will be able to apply for guardianship on day-to-day matters or custody.

The Bill also allows a relative to apply for custody if they have looked after the child for a year and where no guardian is able or willing to do so.

Fathers

Unmarried fathers will have automatic guardianship rights if they have lived with the mother continuously for a year, including three months after birth.

The Bill will regulate parental rights in the area of assisted human reproduction where donors are used. A child conceived in this way will be able to trace their donor.

The Cabinet also agreed to a proposal from Minister for Health Leo Varadkar to draft a Bill dealing with a range of issues including surrogacy, embryo donation, the screening of embryos for serious genetic diseases or for sperm and egg donation, and for research in this area.