Written answers
Tuesday, 6 October 2009
Department of Justice, Equality and Law Reform
Proposed Legislation
9:00 pm
Joe Behan (Wicklow, Independent)
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Question 695: To ask the Minister for Justice, Equality and Law Reform the provision in Civil Partnership Bill 2009 for the rights of the children of parents who would have a registered civil partnership to be free from discrimination; and if he will make a statement on the matter. [33514/09]
Dermot Ahern (Louth, Fianna Fail)
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The law contained in the Guardianship of Infants Act 1964 (as amended) will apply to decisions affecting the welfare of a child of a civil partner and will not be affected by the Civil Partnership Bill 2009. The Deputy may wish to note that section 44(3) of the Bill provides that where a civil partner applies for maintenance from his or her civil partner, the court shall have regard to all the circumstances of the case including the financial and other responsibilities of each civil partner as a parent towards any dependent children, and the needs of any dependent children, including the need for care and attention. Section 127(2)(l) of the Bill provides that in making ancillary orders in civil partnership dissolution proceedings, the court must have regard to the rights of any child to whom either of the civil partners owes an obligation of support.
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