The Equality Authority today welcomed the publication of the Law Reform Commission’s recommendations on Legal Aspects of Family Relationships.

The Equality Authority made a substantial submission to the Commission on this matter which can be viewed on http://www.equality.ie/index.asp?docID=851

‘The Equality Authority welcomes the progression of extended family rights set out in this report and urges immediate legislative action to implement these improvements, as many families are in need of the recognition of all the circumstances that contribute to good parenting in our modern society’ said Chairperson Angela Kerins.

Language

“We particularly welcome the amendments to language which remove the outdated stigma that children are in someway a ‘property’. These recommendations will ensure that children are no longer to be ‘guarded’ by guardians, placed in someone’s ‘custody’ or have ‘access’ restricted unnecessarily. The naming of parental responsibility, day to day care and the facilitation of contact with a range of caring adults is to be welcomed, as is the taking into account of the child’s opinion in matters relating to their care. Language is important in that it changes people’s perspectives of who they are discussing and what there needs are – our ‘custodial’ terminology has not served children well to date and it is important to accelerate change in this area’, continued Angela Kerins.

Inheritance

The Authority also welcomes the acknowledgement of the bona fide interest of a range of caring adults including step-parents and civil partners. The Report could discuss further the full gamut of these relationships, especially on the death of the natural parent and in inheritance matters. These issues of ongoing parenting after the death of the natural parent need further consideration, as does the capacity of a step-parent or civil partner to nominate that child as a beneficiary of a Will, without excessive tax penalty, especially in circumstances of pensions and the family home’ she added.

Fathers

‘The Authority welcomes the extension of automatic guardianship equally to mothers and fathers. This is a core principle of our submission to the Law Reform Commission. It is just and fair to many fathers who have had a long and unsatisfactory journey in Irish law to date, as they seek to be positively involved in their child’s care and welfare’ continued Angela Kerins.

Child Benefit

‘While acknowledging the considerable and welcome progress in the Report, the Authority is concerned at the linking of child benefit, which is the State’s provision to ensure the child’s immediate needs are provided for, with the necessity to cooperate with State registration authorities. We recognise the advantage of providing an incentive in this area, but remain unconvinced that child benefit is the most appropriate model of enforcement, as the child’s needs may become a victim of a legitimate parental dispute’ she added.

Husbands

At present the husband of a mother is assumed to be the automatic father of the child of the mother. The LRC recommendations go a further step to bring clarity to this area but the Equality Authority feels that the recommendations in this area do not provide maximum clarity. In cases where the husband is not the father, it is proposed that the mother may make a statement that she has had no contact with the husband for the ten months prior to the child’s birth, so that the husband will not be assumed to be the automatic father. No adequate provision is envisaged for a circumstance where another man is the father of a child borne by a mother who remains in a viable marriage’ continued Angela Kerins.

Non Consensual Conception

‘Finally, the Equality Authority is concerned about any implications of any scope for automatic parental responsibility of fathers in cases on non-consensual conception. The provision that the Mother must prove there is a danger to herself or her child to prevent registration of the father may be inadequate in cases of pregnancy arising from rape or sexual assault. If for example the perpetrator is in prison at the time of the birth, it is unclear as to what is the burden of proof on the Mother to demonstrate a danger and this provision may need to be strengthened. This automatic provision may allow for ongoing legal contact with the Mother and child by a convicted rapist, thus perpetuating the trauma on the victim of the crime, for many years. It may become an significant element of any pregnant rape victim’s decision to give birth, in considering her future. The safeguards proposed may need to be strengthened not to give convicted sex criminals ongoing rights of contact, where it would cause intolerable risk or distress, to either the mother or the child, by virtue of the crime and the resulting non-consensual conception, even if they pose no immediate danger due to incarceration or absence’ concluded Angela Kerins.

Ends