Mick Wallace (Wexford, Independent) | Oireachtas source

On the compulsory registration of fathers, names on birth certificates, Article 8 of the UN Convention on the Rights of the Child states that state parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognised by law without unlawful interference. The Bill is in line with the rights of the child in the sense of allowing a child to know the identity of both parents. The inclusion of the name of an unmarried father on a birth certificate accords him no additional rights regarding his child. Unmarried fathers have no automatic legal rights in respect of their children. This is despite the fact that in 2012, 35% of births in Ireland occurred outside marriage. It is outrageous that such a large proportion of fathers are in such a precarious legal situation regarding their children. This disparity between the rights of men and women to their children - the fact that an unmarried father’s only means to obtain guardianship rights to his child is either through a joint agreement with the mother, which can be problematic, or through the courts system – unfairly discriminates against fathers. The law should not have such a negative and distrustful attitude towards unmarried fathers. Our legislation needs to be more supportive of the principle of co-parenting, where it is possible. Our legislation is out of date and out of touch. Has the Government any plans to improve fathers’ rights?

The question of amending the 2010 Adoption Act was raised in the Seanad, where there was a call for birth certificates of adopted people to include the names of their biological parents, although this is not part of the Bill. Why should adopted children not have the same right to know their biological parents? This is very important for the identity of the adopted person and for the purposes of obtaining a medical history. As Senator van Turnhout stated, we need to be more proactive in reducing the stigma that has existed in Ireland regarding adoption. The Bill will amend the existing Civil Registration Act to extend the time limits for the registration of still births. While this is a welcome change, amendments were tabled in the Seanad relating to where a pregnant woman died and it was proposed the unborn child who died along with her be entitled to a birth certificate. The eighth amendment to the Constitution, which acknowledges the right to life of the unborn, has caused enough problems and puts women’s lives at risk. Enacting legislation on foot of a flawed constitutional provision which most people think should be repealed, as borne out by recent opinion polls, would be a retrograde step.

The amendments relating to marriages of convenience raise concerns, mainly through the extension of the role of the registrar and superintendent registrar. Under the new Bill, they will be mandated with forming opinions based on value judgments about whether a union between two people is genuine. Not only could couples in genuine, loving relationships be subjected to unnecessary intrusions into their private lives, but the superintendent registrar will be allowed to refer cases deemed suspicious to the immigration authorities. These new powers will have the potential to change lives significantly and will be in the hands of a small number of people. How will these people be recruited, will they be trained or qualified in anti-discrimination law and standards, and will they be equipped to recognise the cultural context in which a marriage takes place? If the service is not adequately regulated, given that the issue will arise involving non-Europeans, there is a significant danger of racial profiling, stoking prejudices and the further stigmatisation of migrants. We have seen only too well in Ireland how law enforcement services, if not adequately policed, can become abusive and corrupt.

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