The Children and Family Relationships Bill 2013 Is Designed to Effect Wide-Ranging and Long Overdue Change to the Way That Irish Law Deals with Family Life. Discuss the Key Changes Proposed by the Bill.

1795 Words8 Pages
The Children and Family Relationships Bill 2013 proposes to develop a legal structure that recognizes and supports diverse parenting situations in contemporary Ireland whilst placing the best interest of the child at the heart of Irish Family Law. The Bill intends to provide Constitutional protection for children from non-marital families and provide legal clarity to the modern family with regard to the rights and duties of parents. It is proposed that a legal framework be developed that will enable civil partners, people acting in loco parentis, step-parents and people in cohabitation with a biological parent to apply for guardianship and custody of a child. The proposed Bill also provides that eligibility be granted to cohabiting and civil partnered couples to jointly adopt a child while also addressing parentage in cases of assisted reproduction other than surrogacy. Members of the wider family may also apply for access to a child under the provisions of the Bill. Furthermore, it is proposed by the Bill that guardianship be granted to unmarried fathers in cases where certain qualifications are met. The release of the Bill is a result of pressure from the European Court of Human Rights, along with societal pressures, to update and reform existing legislation surrounding children and family relationships in Ireland. Since adopting the United Nations Convention on the Rights of the child in 1996, the Irish State is legally bound to adhere to regulations and rules laid out in the convention. Article 3.1 of the UN convention contains the provision that the best interest of the child shall be of paramount consideration in all actions concerning children. As a result of observations by the UN in 2006, Ireland was found to be behind in its approach to the welfare of children in comparison to the standards that had been set out in the convention. Ireland was then
Open Document