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

This is the kernel of the issue. There are very different views on this point. Some jurisdictions have automatic guardianship for non-marital fathers while others do not. Other jurisdictions use a variety of criteria or mechanisms. The situation varies quite substantially. We had this debate in the Dáil where some people asked, as Deputy Ferris has done so, about those circumstances where the involvement of the father may not be in the best interest of the child and where that only emerges after a certain period. Obviously in the legislation we are taking important steps.

Given that one third of children are born outside of marriage in this country, this position affects many fathers. We are saying in the Bill that it should not automatic but that where a father is living with the mother three months after the birth and these circumstances have been met, the father then would have automatic guardianship. As we can see, people will also say the stipulated time is not long enough. At what point does one decide that the father could have automatic guardianship? Does one say one year, two years, three years or does one just say it is an inherent right that a father should have? That is the issue we are grappling with here and there are very different views on the matter.