Written answers

Tuesday, 14 October 2014

Department of Justice and Equality

Proposed Legislation

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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126. To ask the Minister for Justice and Equality the position regarding the children and family relationships Bill (details supplied); and if she will make a statement on the matter. [38901/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The General Scheme of the Children and Family Relationships Bill is a set of proposals to reform and modernise family law. It is intended to give children legal certainty and security in their family structures, and to ensure that children's rights are vindicated in areas concerning parentage, guardianship, custody and access.

The General Scheme proposes, in summary, to:

- modernise the law regarding the parental rights of children living in diverse family forms;

- establish that the best interests of the child are paramount in decisions on custody, guardianship and access;

- set out how parentage is to be assigned in cases of assisted reproduction;

- extend automatic guardianship to non-marital fathers who have lived with the child's mother for at least 12 months, including 3 months following the child's birth;

- enable civil partnered or cohabiting couples to be eligible jointly to adopt a child;

- allow civil partners, step-parents, those cohabiting with the biological parent and those acting in loco parentis for a specified period to apply for guardianship and custody;

- enable members of the wider family to apply for access to the child;

- put in place a series of provisions on making parenting work.

There were, according to Census 2011, 49,005 households of cohabiting couples with children under 15 in 2011 and I am of the view that our laws must be modernised to reflect the realities of modern family diversity. I understand that people will have different personal views and concerns regarding the proposed legislation. However, it is important that children's rights should be safeguarded regardless of the family type in which they are living. This is what this legislation is seeking to achieve.

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