Barry Andrews (Dún Laoghaire, Fianna Fail)

On the first amendment from Deputy Shatter to delete the words "a person who believes himself to be the father", the section is designed to allow for a situation where a dispute arises in regard to paternity, which is not unusual in certain circumstances, so that every person who believes himself to be the father can involve himself in the process. On amendment No. 17, the Civil Registration Act requires the parents to give to the Registrar of Births the particulars of the birth and to sign the register of births not later than three months following the birth. The accredited bodies ensure as far as possible that the child's birth is registered prior to adoption. It is an offence not to register the birth within the required timeframe.

In general, the Bill is designed to strengthen rather than weaken fathers' rights. For the first time, the authority will be required to obtain the approval of the High Court before authorising an accredited body to place a child for adoption or to allow an adoption order without consulting the father. Similarly, where the mother states that she is unable to identify the child's father, the High Court's approval is required before the child is placed. This puts the father in a much stronger position than heretofore.

Section 30 provides that if the authority is satisfied that it would be inappropriate for the father to be consulted, the High Court's approval is required before the adoption order can be made. These provisions are included in recognition of fathers' rights in the adoption process. They reflect more recent judgments in the European Court of Human Rights and of the High Court on related issues.

See this speech in context