Wording creates difficulties for same-sex couples

Changes are being made to the wording allowed on birth certificates. Why is this happening?

Under the Children and Family Relations Act 2015, the word ‘parent’ can be used in place of the words ‘father’ or ‘mother’ on a birth certificate.

The relevant part of the act has yet to be commenced, but authorities are expected to be ready for it to begin this autumn. The move is part of a raft of measures aimed at better reflecting the diversity of family life in contemporary Ireland. In particular, the change is to facilitate the registration of births for samesex couples that would include the details of both parents.

What sort of difficulties does the current situation pose for same-sex couples?

It acts as a barrier to both partners in a same-sex couple being able to register as parents on their child’s birth certificate.

In practice one partner can register, but their spouse can’t take legal responsibility for the child, despite being a co-parent.

A particular difficulty arises when it comes to applying for a passport for their child. One same-sex couple has told how a garda informed them he was unable to sign the passport form unless one of them was listed a single parent and the other signed an affidavit waiving her rights to the child.

What about the children of same-sex couples? Will they have a right to know who their biological parents are?

There are specific provisions in the act when it comes to children conceived with the assistance of donor eggs, sperm or embryos.

Firstly, donors will no longer be able to remain anonymous.

Secondly, the act allows for the setting up of a National Donor-Conceived Person Register and for such children, on becoming adults, to be able to request the name, date of birth and contact details of a relevant donor.

In practice, how will this work?

It will be noted in the births register that there is additional information available that the child can request on reaching the age of 18.

The donor will also be notified that a request has been made. Information will have to be released to the child 12 weeks after a request.

However, there is a provision for the donor to object if they believe their safety or that of the child requires that the information not be released. Any refusal to release the information, as a result of an objection by a donor, can be appealed to the courts.

Should children not be told sooner?

This has been advocated in some quarters and could be considered down the line. One proposal is that a “sufficient maturity test” is used to determine if a child is ready.