Fintan Warfield (Sinn Fein) | Oireachtas source

I thank the Cathaoirleach for selecting this Commencement matter. I was contacted recently by an Irish woman whose British wife recently gave birth to their son, who was conceived through assisted human reproduction methods. They are both legally recognised as parents in Britain on all statutory documents, including the birth certificate. However, when the Irish mother, who is the non-biological mother, wished to apply for an Irish passport for her child, she was told that she was not recognised as a mother under law and, therefore, was not entitled to apply for an Irish passport for her child.

The reply from the Department to a recent parliamentary question that I submitted through Deputy Crowe confirmed the position and stated that, for the purposes of Irish law and with specific reference to the Irish Nationality and Citizenship Act 1956, a parent is understood to mean either the mother or father of the child. It further stated that for the purposes of Irish law the mother of a child is the person who gives birth to the child or a female adopter of the child. What this means in reality is that same-sex parents are excluded. These parents frequently rely on assisted human reproduction methods to conceive. Parents who are legally recognised and hold Irish citizenship cannot extend their citizenship rights in the same manner as everyone else.This is clear discrimination and a very real denial of rights and would certainly not withstand legal challenge.

It bears some resemblance to the time when we did not have marriage equality, before we held the referendum on civil marriage equality, and the relationship of couples who had been married elsewhere was relegated to a civil partnership in this State. As the Minister of State knows, the Zappone and Gilligan case was an example of that. The referendum that followed brought with it very hurtful conversations on the validity of same-sex parent-led families, when posters stating "Every child deserves a mother and a father" were put up around the State. The people's vote said that there is no single proposition for a family in Ireland, only diversity.

We urgently need relevant legislation to catch up and it is unacceptable that a passport form in this day and age would ask for a mother and a father and exclude same-sex parents. There is also an unprecedented demand for Irish passports so we have to ensure that our passport laws are robust and that we are not leaving anyone behind. Does the Minister of State agree that the Act needs to be updated and will the Government bring forward such legislation in this term?