Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I understand the approach of Senators Trevor Ó Clochartaigh and Averil Power to this matter and I am extremely sympathetic to it. I intend very shortly to begin work on the issue of presumptive rights. It is a model we should examine and I am committed to doing so. We all have an obligation in this regard and I have also committed to conducting a public information campaign to ensure people are aware of the need for statutory declarations.

Provisions for maintenance and custody are spelled out in the Bill. Depending on the level of guardianship, there are corresponding obligations on a cohabiting father and it will be up to the courts to make their decisions based on the best interests of the child, as they will do in decisions on custody, access and maintenance. A father who is not living with the mother and the child for at least 12 months, including three months after the birth, is not automatically a guardian. I appreciate the points some Senators have made about anomalies that may arise where there is an ongoing relationship, but the key point is that making a statutory declaration is still open to the person involved. If the mother objects, a father can still establish his rights in court. I encourage every couple and every non-marital father to establish their rights in the first instance by making the statutory declaration. That is the important message until we get to the point where there is automatic guardianship for non-marital fathers.