Written answers

Tuesday, 12 February 2013

Department of Justice and Equality

Civil Partnerships

Photo of Brian WalshBrian Walsh (Galway West, Fine Gael)
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To ask the Minister for Justice and Equality if he will provide an update in relation to the preparation of the Family Relationships and Children's Bill; and if he envisages that it will afford legal recognition to the relationship between the children of one partner and the other in a civil partnership. [7162/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As I indicated in response to Question No. 789 of 16 January 2013, I am presently engaged in the preparation of a Family Relationships and Children Bill. I intend to publish the Heads of the Bill as soon as possible in 2013 having regard to the need for consultations and the need to dispose of urgent legislative matters in my Department under the EU/IMF Programme of Financial Support for the State. In preparing my proposals for legislation, I am considering the detailed recommendations of the Law Reform Commission in its Report on the Legal Aspects of Family Relationships. 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. In that context, I am considering the Commission's specific recommendations on legislative reform, which would 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.

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