Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

The issue of guardianship is a matter for the courts in the first instance, under the Guardianship of Infants Act 1964. However, I have a continuing interest in ensuring that the legal and practical arrangements for the welfare of children are well-founded and appropriately applied at all times. As Minister in this Department, I have no formal or defined role in the determination of cases where there is a legal issue about the guardianship of a child. That is, and must be, a matter for the courts. However, there are guardianship matters to consider relating to children in the care of Tusla. Children are received into Tusla's care either through a voluntary agreement or by way of a care order issued by the courts, each of which are provided for under the Child Care Act 1991. My responsibilities in this area relate to care orders under the Child Care Act 1991 rather than the Guardianship of Infants Act, which relates to the courts and the Minister for Justice.

Regarding the actions under the remit of the Department of Justice, under section 6(c) of the Guardianship of Infants Act 1964, a person can apply to court to be appointed as a child's guardian if he or she is married to or in a civil partnership with the child's parent, or has cohabited with the child's parent for over three years, and if the person has shared responsibility for the child's day-to-day care for more than two years. As issues relating to surrogacy concern areas of law that intersect across the remits of several Departments, the Minister for Health, the Minister for Justice, the Attorney General and I are working together on these matters. The provisions of section 6 of the Guardianship of Infants Act are being examined in that context. I have met with the Ministers on three occasions to address the issue and we have also met with the Attorney General on one occasion. Work is ongoing among our officials about how to address the relevant and very complex legal issues in a manner that vindicates the rights of the child.

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