Denise Mitchell (Dublin Bay North, Sinn Fein)
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144. To ask the Tánaiste and Minister for Justice and Equality when he plans to extend the Adoptive Leave Act 1995 in order to allow male same-sex couples avail of adoptive leave and benefits; and if he will make a statement on the matter. [38999/18]

David Stanton (Cork East, Fine Gael)
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Following adoption of the 34th amendment to the Constitution and its subsequent legislative changes, the Department of Justice and Equality 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, the Department has prepared draft legislative proposals that will amend section 177 to 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.

Although the draft Heads are ready to go to Government, a legislative vehicle has not yet been identified to progress this legislative change. In this regard, the Department will keep the matter under review and consult with relevant Departments on an ongoing basis until a legislative vehicle is found.