Children and Family Relationships Act 2015 to commence on the 5th May 2020
Parts 2 and 3 of the Children and Family Relationships Act 2015 to commence on the 5th May 2020.
The Department of Health has announced its intention to commence Parts 2 and 3 of the Children and Family Relationships Act 2015 on the 5th May 2020.
The Act sets out the procedures for the establishment of the parentage of a child who is born through donor conception after the commencement date.
This legislation must be considered in conjunction with the Civil Registration Act 2019 which provides, for the first time in Irish history, a framework for the registration of a same sex female couple as parents of a child born through donor conception in Ireland.
The legislation is complex. To achieve parentage of a child born through donor conception certain steps MUST be taken and certain documents signed by all involved in the process prior to the procedure taking place.
We set out some of the main points:-
- The donor must be known
- The donor consents to his/her information being made available to the child born as a result of the donation when that child reaches 18.
- The donor must make a declaration in advance of making the donation that he/she is aware that he/she will not be a parent of the child born as a result of the procedure. This automatically excludes the possibility of reciprocal donation.
- The mother must also make a declaration which amongst other things must contain a statement that she is aware that the donor will not be parent of the child born as a result of the procedure and that she consents to her spouse, civil partner of cohabitant being a parent.
- The second parent must also swear a declaration in advance of the procedure to include a statement that he/she is aware that the donor will not be a parent of a child born as a result of the procedure and that he/she together with the mother will be the parents of such child.
If you need advice on any of the issues raised here, contact Fiona Duffy, Partner at Patrick F. O’Reilly.