Written answers

Tuesday, 11 December 2012

Department of Justice and Equality

Proposed Legislation

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Justice and Equality his plans to introduce comprehensive family law reforms that will provide for children being parented by lesbian or gay couples. [54486/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Programme for Government includes a commitment to amend the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 to address any anomalies or omissions, including those relating to children. In this regard, the Law Reform Commission has made detailed recommendations in its Report on the Legal Aspects of Family Relationships. In particular, the Commission recommends that legislative provisions be introduced to facilitate the extension of guardianship (parental responsibility) to civil partners and step-parents either by agreement with the other parties who have parental responsibility for the child or by application to court.

With a view to comprehensively addressing this area of the law, I am presently engaged in the preparation of a Family Relationships and Childrens Bill. In that context, I am considering the Commission's specific recommendations on legislative reform, which will put same-sex couples and step-parents on an equal footing with other couples in relation to their children. I am also reviewing existing legislation worldwide addressing the issues of parentage, assisted human reproduction and surrogacy and considering the recommendations contained in the Report of the Commission on Assisted Human Reproduction published by the Department of Health in 2005. Those reforms must ensure that children in lesbian or gay family units are able to form a legal connection with their non-biological parent and that kindred relationships flow from such legal connection. In particular, reform of the law is needed in the areas of guardianship, custody and access, and to ensure maintenance and inheritance rights for the children of civil partners.

Comments

No comments

Log in or join to post a public comment.