Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 196: To ask the Minister for Justice, Equality and Law Reform the steps he will take to recognise the rights of unmarried fathers; and if he will make a statement on the matter. [21087/07]

Mary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 449: To ask the Minister for Justice, Equality and Law Reform his plans to deal with the position of unmarried fathers following the recent Judge McKechnie judgement. [22430/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to answer Questions Nos. 196 and 449 together.

Existing legislation already makes extensive provision for unmarried fathers with respect to their children. Under the law as it stands — section 6A of the Guardianship of Infants Act 1964, as inserted by section 12 of the Status of Children Act 1987 — an unmarried father may apply to the court to be appointed a guardian of his child. Alternatively, where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act, as inserted by section 4 of the Children Act 1997, conferring on the father the status of guardian.

Under section 11 of the 1964 Act, a guardian may apply to the court for its direction on any question affecting the welfare of the child. Examples of such proceedings are applications for custody and access orders. In making such orders and, in determining whether an unmarried father should be appointed guardian, the court has to regard the welfare of the child as the first and paramount consideration. Where appropriate and practicable, the Court in making any order takes into account the child's wishes in the matter having regard to the age and understanding of the child. In considering whether to make an order under section 6A or 11 the court is directed — under provision in the Act of 1997 — to have regard to whether the child's best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis.

The Act of 1964 (by way of amendment in the Act of 1997) encourages parties to a dispute in relation to a child to agree on the custody or guardianship of or access to a child. Prior to institution of proceedings the legal representatives of the parties must discuss with them the possibility of agreement. The Court may adjourn any proceedings to assist agreement between the parties.

These legislative provisions are extensive. They permit the court in cases of disagreement to decide on arrangements for the child's care and upbringing having regard to the child's best interests. The courts have consistently recognised the wide variety of situations of unmarried fathers and have necessarily determined the question of their constitutional rights on a case by case basis. The judgement in the recent G. case reaffirmed this position.

I am aware of the concerns of unmarried fathers regarding guardianship, custody and access rights and the issue of enforcement of these rights. Operation of the law in this whole area is being kept under review in my Department.