Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Let me begin by saying what the Bill does for unmarried fathers. As the committee is well aware, there is at present no provision in law for automatic guardianship for non-marital fathers. The legislation will introduce such a provision for some non-marital fathers. Under it, an unmarried father will automatically become the guardian of a child if he lives with the child's mother for at least 12 consecutive months, including three months after the child's birth. The policy decision was taken not to extend automatic guardianship to all unmarried fathers for a variety of reasons. Some unmarried fathers will not be involved with their children to any extent. However, the unmarried father will be able to make a statutory declaration jointly with the mother saying that he is the guardian of the child. That option remains for an unmarried father, as does the option for him to go to court to be given guardianship.

In the section dealing with the best interests of the child, the Bill specifies that the best interests of the child are the paramount consideration for the courts in such circumstances. I would point out to Deputies that one of a number of specified factors and circumstances that the court must take into account when determining the best interests of the child is the benefit to the child of having an ongoing meaningful relationship with each parent and sufficient contact with them to maintain such a relationship.

The legislation is the first recognition in Irish law of a mechanism for automatic guardianship of a child for a non-marital father.

That is the first point I want to make.

To reply to Deputy Mac Lochlainn, he should be aware that his amendment would delete the newly proposed provision which will make certain fathers automatically the guardians of their children.