QUESTIONS AND ANSWERS: Children and Family Relationship Bill

Some of the questions about the new same-sex marriage referendum are answered by Political Reporter Juno McEnroe.

How will the law change how same-sex couples can adopt children?

Up until now, only one partner in a same-sex marriage can adopt a child. The other can only act as a guardian and therefore is excluded from any medical emergency decisions or school-related matters for the child. This has been the same for heterosexual parents adopting. Both partners under the new law will now be able to be deemed parents when adopting.

Will changes be made to how grandparents and fathers can care for children?

Under the planned changes, unmarried fathers will be given stronger rights and entitlements to care for their child. A father who has lived with a child’s mother for 12 consecutive months, including three months with a mother and child after the child’s birth, can automatically become a child’s guardian. Grandparents are also expected to be given easier access to the courts in order to resolve issues about access to children where there are family disputes.

What regulations will be introduced for sperm donations?

Anonymous sperm donors will be banned under the new rules. Furthermore, commercial arrangements, other than expenses, will not be permitted anymore for people donating sperm or eggs. A new database will also help children trace their genetic parents through mandatory records which will have to be kept for sperm donors.

How will a child’s interests be addressed under the guardianship laws?

The best interests of a child will be central to the legislative changes. The measures will include the setting up of an expert panel through the courts. This will make sure that a child’s interests are a priority when it comes to issues such as guardianship, custody and access. Training will also be provided for parents in relationships which have broken down which will help protect children in those environments.

How long will partners have to live together before they can both apply to adopt a child?

Civil partners and cohabiting couples who have lived together for three years will be eligible to apply to adopt jointly. One member will qualify for adoptive leave.