Seanad debates

Monday, 30 March 2015

Children and Family Relationships Bill 2015: Report and Final Stages

 

2:30 pm

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

However, the man was deemed to be, legally, the father. There is very strong legal advice on the point and that adoption is the pathway to parentage in these circumstances. I am conscious of the situation of families with donor-conceived children pre-commencement. I received many representations from Senators and Deputies on this issue. I examined it intensively and I did want to stretch the limits of how far we could go on this issue. The provisions for retrospective assignment represent the limits of what can be done given the strong legal advice I have received. I got intensive legal advice on this issue. These are people's personal situations. People wrote to me about their situations and they did want to have parentage assigned retrospectively. However, it is only in the circumstances I have outlined that this can be done. For other couples, the pathway to parentage will be adoption. I understand the spirit in which the Senator is putting forward this amendment, but I have legal advice that states that constitutionally one cannot take away parentage in these circumstances.

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