Written answers

Tuesday, 17 April 2018

Department of Health

Birth Certificates Administration

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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967. To ask the Minister for Health if after implementation through the Assisted Human Reproduction Bill 2017, a partner in a same-sex relationship and parent to a child who was born before the implementation of the Bill will retrospectively be listed as a parent on the child's birth certificate along with their partner due to the fact that Parts 2 and 3 of the Children and Family Relationships Act 2015 have not yet been implemented. [16398/18]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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There are a number of interconnections between Parts 2 & 3 of the Children and Family Relationships 2015 and the provisions outlined in the General Scheme of the Assisted Human Reproduction Bill 2017. In an effort to ensure that a coherent and consistent approach is adopted in relation to the broader regulatory framework for assisted human reproduction, these interconnections and their compatibility are being examined and considered as part of the process of drafting the Assisted Human Reproduction Bill. Sections 20 - 23 of the Children and Family Relationships Act 2015 are intended as an enabling provision for the retrospective recognition of parentage in circumstances such as those described. These sections will come into effect when Parts 2 & 3 of the Children and Family Relationships Act 2015 are commenced.

A number of technical drafting issues have come to light in relation to Parts 2 & 3 of the Children and Family Relationships Act 2015. The implications of these issues are being explored by officials in my Department and the Office of the Attorney General and clarification on whether primary legislation is required to resolve these issues is being sought. In the event that primary legislation is required I would seek to deal with it as a matter of urgency.

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