Jim Walsh (Fianna Fail) | Oireachtas source

I am happy to support this amendment which has been well thought out. The arguments have been well made made by Senators Averil Power and Jillian van Turnhout. I would probably have gone a step further in regard to section (4B)(b) which states in reference to the father: "the father has been registered in a register of births as father of the child". I would have included the words "or has established fatherhood through DNA testing". The reason for this is that sometimes the couple have parted company, perhaps months in advance of the birth, and for some reason the mother does not wish to have the father's name on the birth certificate. Therefore, there should be another means of establishing fatherhood.

The point about fathers is well made. There should be equality between fathers and mothers, but there is not. Recently I visited a household in which a youngster was visiting his grandparents and father and I could see the relationship between them was good. The father then took the child back to his mother. It is good that these parents can share parenting. Many parents see the sense in putting the differences between them aside so as to act in the best interests of the child. The State should facilitate and encourage this. I see no reason the Minister should object to the amendment, but I presume, like all other amendments, it will not be accepted, which tells its own story.

Getting back to the issue of fatherhood, will the Minister comment on the situation where a mother leaves her husband or cohabiting male partner with the children of that relationship and enters into another relationship, be it with another woman or man. As I read the Bill, the biological father who may be attached to the children and they to him will become a secondary person in the eyes of the legislation if the others apply to parent the children. This may well happen. I saw a programme on television recently on which a lady raised the spectre of a same-sex couple in Boston, where when the couple had broken up and the natural mother of the child had failed to gain custody of the child. Instead, custody was given to the non-biological parent.

We are opening a Pandora's box without taking any of the normal precautionary measures other countries have taken. It is an experiment in social re-engineering which could and will have serious consequences for some children. I hope that through these amendments the rights of fathers would be respected and that the Minister is prepared to accept them. However, I am not holding my breath.