Dan Neville (Limerick West, Fine Gael)

I support the amendment and feel strongly about it. I have spoken in this House on numerous occasions about the right of a child to know, as well as to be parented by, both parents. Except in exceptional circumstances, that it is a child's fundamental right. The section as drafted reflects society's view of parenthood outside marriage, that the mother is the parent, with the father sometimes excluded or with the option of being excluded. Many fathers are excluded against their wishes. Our society, culture and laws do not give such fathers the wherewithal to be included in the parenting of their children.

Society's attitude must change. The laws must reflect and lead the change, to ensure that children have the right to the protection of both parents. If at the time of registration we make the information optional on the part of the father of a non-marital child, so that the father can opt out, this House is indicating it is acceptable that a child has not got the right to be parented by both parents.

The more studies that are conducted on the influence of both parents, the more the need is shown, on a daily and international basis, for such influence on a child. The child is shown to have better life opportunities if parented by both parents. We should ensure that children have automatic right of access to both parents, and that joint guardianship should be almost automatic, except in exceptional circumstances, where violence on the part of either parent is involved.

Our laws come down immediately in favour of single guardianship in the case of the mother, and unfortunately the cases are heard in camera, so we do not fully know what transpires in family law courts. We know that in most instances the mother gets custody, with joint custody not considered. Joint custody should be automatic unless the courts are given good reason it should not be so. Indicating in this Bill that the information on the father is optional lends support to the view that in situations where a couple is not married, the mother takes the responsibility and the role of parenting, and the father is not obligated even to give information on his fatherhood or the sort of details which the mother must give on registering the child.

A child has a right to know its genealogy, extended family and medical history on both sides, along with all aspects of interest which those of us born to married couples automatically know about both our parents. The Minister cannot make this an absolute right, because there will always be disputes, but one should go as far as possible to indicate the view of the Legislature that the child has a right to have both parents involved in its parenting. The proposed amendment will give such an indication.

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