None of these families are protected by current Irish law.
What's being done about it?
The third version of the Children and Family Relationships Bill represents the most important reform of child and family law for generations and puts children at the heart of the issue. A long time in the making, the proposed legislation addresses discrimination currently faced by children in non-marital families. Dr. Geoffrey Shannon, Special Rapporteur for Child Protection, says he believes “the State has failed to protect families” and hopes there is no delay in implementing the legislation.
As it stands, Irish law does not currently provide an adequate legal structure for protecting the right to family life for the huge number of children in non-marital families. However, the proposed Bill will change this and according to Mr. Shannon, it is also vital we change how we view family life.
What will the Bill do?
The proposed law will protect the child’s right to identity, particularly when it comes to assisted human reproduction and the use of anonymous donated genetic material. It will also ensure children have the right to have their voices heard and considered when it comes to decisions made in relation to guardianship, custody and access.
The legislation really focuses in on guardianship of the child, including recognising the rights of the grandparents, particularly after the relationship between the mother and father of the child breaks down. In fact, Dr. Shannon believes there will be fewer children in the care system when Section 6C The Non-parent Guardian is implemented.
Are there any reforms needed?
While a number of charities, including One Family and Empowering People in Care, “warmly welcome” the proposed legislation, Dr Ruth Barrington, Chair of TREOIR (the national federation of services of unmarried parents and their children) doesn’t believe the Bill goes far enough, particularly when it comes to the rights of the unmarried father.
Dr Barrington believes there is a deficit in information about the Statutory of Declaration for Joint Guardianship, a sentiment echoed by Minister for Justice and Equality, Frances Fitzgerald. In fact, the current law, according to Dr Shannon, treats “unmarried fathers as legal strangers” even though it is important children are able to maintain an ongoing relationship with both parents. There are also calls for the establishment of a Central Register for Statutory Declarations for Joint Guardianship and a comprehensive court welfare service.
How will it affect families?
Mother-of-four Iseult White wants the Bill to help blended families manage better and Conor Prendergast, the son of a same-sex couple, feels the proposed legislation sets out a legal framework for protecting children in non-traditional families.
What is the most important thing to come out of the proposed legislation?
The legislation allows the voice of the child be heard and gives them security and stability. Tanya Ward, Chief Executive of Children’s Rights Alliance, believes it “puts children at the heart of family law reform”.
