Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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564. To ask the Tánaiste and Minister for Justice and Equality his plans to remove the anomaly that exists under legislation providing for paid adoptive leave to enable same sex couples to avail of paid adoptive leave; and if he will make a statement on the matter. [16166/18]

David Stanton (Cork East, Fine Gael)
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As the Deputy is aware, Section 6 of the Adoptive Leave Act 1995 provides for an entitlement to 24 weeks adoptive leave for an employed adopting mother or a sole male adopter.

Following adoption of the 34th amendment to the Constitution and its subsequent legislative changes, my Department identified a lacuna in the Adoptive Leave Act 1995 that prevents male same-sex married couples from availing of adoptive leave and benefits.

To address this lacuna, my Department has prepared draft legislative proposals that will amend the Adoptive Leave Act and will afford the same entitlements to adoptive leave and benefits to all couples who are married, co-habiting or who are in a civil partnership, irrespective of gender.

The Department is currently reviewing how best to advance these legislative proposals.  One option would be to include these proposals with those planned on paid parental leave as part of a Family Leave Bill.  As the Deputy may be aware, an inter-departmental working group is due to report at the end of this month with options on paid parental leave.