Hildegarde Naughton (Fine Gael) | Oireachtas source

I, too, welcome the Tánaiste and congratulate her on her new appointment. I wish her every success in the future.
I join the Children's Rights Alliance in describing the Bill as the most important reform in family law for generations and will concentrate on two changes made in it. As Senators know, the name of the non-marital father of a newborn was not required to be registered. Under the old system, if the mother of a child refused to register the father's name, a court order was required for the father to be granted guardianship rights, which was an injustice. This legislation will address the issue by requiring the mother and the father of the child to provide information for the registrar of births, notwithstanding the fact that they are not married. The right of a child to know both of his or her parents is a fundamental one and I am glad that the Government has recognised it in statute by making it compulsory for such information to be provided. The exceptional circumstances where a mother may not give information have been defined as follows:

(a) she does not know the identity of the father of the child;
(b) she does not know the whereabouts of the father of the child;
(c) she believes that providing the information is not in the best interests of the safety of the child and in that case the statutory declaration shall contain and, as necessary, exhibit information, particulars and evidence relating to that belief.

I am given to understand the jurisprudence of the European Court and the courts here has moved towards the provision of much greater clarity in terms of children having the right to know the identities of their parents. Even in a case in which someone is loath to include the birth father's name on the certificate - I am sure we can all think of such cases - it is understandable that it be done if only to provide, in these days of rapid medical advances, information to assist in the identification of genetic abnormalities, for example. I note that the legislation contains quite properly and adequately avenues for a review and-or appeal of a registrar's decision to include the natural father's name on the certificate should the mother not give her consent. I presume that, in the circumstances, the Minister is satisfied that where the mother believes providing the information is not in the best interests of the safety of the child that this wording provides the strongest safeguard that can be included. Notwithstanding this, the amendment is progressive, warranted and welcome.
I welcome the arrangements to ensure marriages of convenience do not occur. We still have a provision that allows for a truncated notice period to marry. However, section 14 ensures the registrar will have adequate legislative provisions to investigate and prevent any marriage of convenience where one of the parties is a national of another state. Additionally, section 15 provides further powers and criteria to assist the registrar in determining whether a proposed marriage would be a marriage of convenience. There is a provision whereby the superintendent registrar is obliged to inform the immigration authorities when the conclusion has been reached that such a marriage is being planned.
I very much welcome the legislation because it is commonsense, modern and takes into consideration the varied family forms in Ireland today.