Robert Troy (Longford-Westmeath, Fianna Fail)
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1118.To ask the Tánaiste and Minister for Justice and Equality to urgently review the laws concerning the rights of fathers (details supplied).[34791/24]

Helen McEntee (Meath East, Fine Gael)
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The Guardianship of Infants Act 1964 is the principal legislation concerning guardianship.

While under that Act, a father of a child who is not married to the mother of the child does not automatically become a guardian of the child from birth, the Act has been amended over the years to include additional measures to facilitate non-marital fathers who have an on-going relationship with their children to become guardians of their children.

Section 2(4A) of the Guardianship of Infants Act 1964 (as inserted by section 43(c) of the Children and Family Relationships Act 2015) provides for guardianship for a father who was not married to the mother of the child and was cohabiting with the mother for not less than 12 consecutive months. This 12-month period must include a period, occurring at any time after the birth of the child, of not less than three months during which both the mother and father have lived with the child.

It is open to the father of a child at any stage to make an application to court for guardianship of the child under section 6A of the Guardianship of Infants Act 1964.

There is a provision allowing for a father who is not married to the child's mother and does not satisfy the cohabitation requirements to become a guardian if the parents jointly make a statutory declaration appointing him as a guardian.

Section 7 of the Guardianship of Infants Act 1964 provides that the father of a child can be appointed a testamentary guardian of the child after the death of the mother in accordance with a deed or will made by the mother.

These provisions of the Act are important in safeguarding the interests of children and parents.

I would point out that my Department has no role in the making of court orders in relation to guardianship. This is a function of the Courts, which are, in accordance with the Constitution, independent in the performance of their functions.

The requirements that must be met by parents who apply for passports for their children are a matter for the Minister for Foreign Affairs.