Oireachtas Joint and Select Committees

Wednesday, 6 March 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of Family Law System: Discussion (Resumed)

Dr. Ruth Barrington:

The Deputy asked if something could be done without legislation. A start could be made in one area. When Deputy Burton was the Minister with responsibility for social welfare, she oversaw the passing of the Civil Registration Act 2014 that provided for the father to be named on every birth certificate. The legislation was passed, but the provision has not been commenced. I understand the General Registry Office has argued it does not have the resources to do it, but this is the last country in western Europe without the requirement that the father's name be on the birth certificate of a child. In a very concrete way, a step could be taken to recognise the rights of all fathers with respect to their children. We argue we should go a step further, but that would require legislation. I am referring to making the person registered as the father of a child his or her automatic guardian, unless there are circumstances that suggest he is unfit to be such a guardian. Steps could be taken without legislation, but ultimately some new legislation would be required. This is the place where such initiatives must be taken. I know about the backlog and difficulties, but clearly other legal steps must be taken to improve the functioning of family court services.

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