Mary Coughlan (Donegal South West, Fianna Fail)

Will the real Minister please stand up? We need to curtail this debate because it is losing the run of itself. If I were to go down on record by accepting this amendment, I would certainly go down, along with a lead weight. It is important, so that no one is under a misapprehension regarding my position or that of the Government on children's rights, that certain aspects be made clear.

I agree, as I believe all of us do in this House, that the best way for a child to be reared is through the involvement of both parents. Research backs that up. I have commissioned and supported much research in that area, by means of the Family Support Agency. We have done our utmost.

There has been a change of philosophy with regard to fathers becoming more involved in the rearing of their children. Where a couple is unmarried at the time of birth of the child, in the majority of cases a registration of both father and mother would be facilitated. A number of issues arise, however. First, until one proves that one is the father, one is a person. We cannot change that legislation. One is a person until such time as one is registered as the father.

Another issue is that there is no presumption in law that a man, other than the husband of a married woman, is the father of a child. There will be practical and legal difficulties for a registrar in requiring a man to register the birth of a child without paternity being concluded.

Subsection (3) of section 22 provides that the details of the father of the child cannot be registered in the register of births where the mother was married at the date of birth of the child, or at some time during the ten month period immediately before the birth of the child, unless the person, or persons, to whom she was married during this ten month period declares he is not the father of the child. There are presumptions in law and that will create a difficulty.

Relevant issues were raised with regard to the current nature of life and the fact that there are a number of relationships where children may be half brothers or half sisters of each other. People now travel much more and there is greater interaction. That concern has been raised and it is something we should keep in mind, especially when we are constantly evaluating and re-evaluating legislation.

We may be going down the wrong road with regard to this issue. The child's right bestowed in the Bill is that the child is being registered. My view, which is probably not a legalistic view, is that there is no presumption of responsibility because one's name is on a birth certificate as the father or mother of a child.

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