Children and Family Relationships Act 2015 explained

Short Title:Children and Family Relationships Act 2015
Legislature:Oireachtas
Citation:Children and Family Relationships Act 2015
Enacted By:Dáil Éireann
Date Enacted:12 March 2015
Enacted By2:Seanad Éireann
Date Enacted2:30 March 2015
Date Signed:6 April 2015
Signed By:President Michael D. Higgins
Date Commenced:1 July 2015 (Part 10)
18 January 2016 (Parts 1, 4, 5, 6, 7, 8, 12 and 13)
4 May 2020 (Parts 2 and 3)
Introduced By:Frances Fitzgerald
Status:current

The Children and Family Relationships Act 2015 (Act No. 9 of 2015, bill no. 14 of 2015) amended family law in Ireland to extend parental rights and responsibilities to non-traditional families. It simplifies adoption rights for the spouse or civil partner of a biological parent, and for a long-term domestic partner. It also addresses donor-assisted reproduction (sperm donation and egg donation).

Background

Official reports related to the subject of the bill include the 2005 report of the Commission on Assisted Human Reproduction,[1] and the 2010 report of the Law Reform Commission, which included a draft "children and parental responsibility bill".[2] The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 provided for same-sex civil partnerships, and for shared rights within non-marital relationships, without addressing the issue of children within those relationships. The government elected in 2011 introduced the Thirty-first Amendment of the Constitution, relating to children's rights, which was approved at referendum in 2012 but not signed into law until 28 April 2015 because of a legal challenge to the conduct of the government during the referendum.

Legislature

The general scheme of the Children and Family Relationships Bill was published for consultation in January 2014 by Alan Shatter, the then Minister for Justice and Equality,[3] and discussed by the Oireachtas Joint Committee on Justice, Defence and Equality in April 2014.[4] The bill was introduced in Dáil Éireann on 17 February 2015 by Shatter's successor as minister, Frances Fitzgerald. The government had planned to have the bill enacted before the same-sex marriage referendum in May 2015, so that the issue of adoption by same-sex couples would not be used by opponents of same-sex marriage in the referendum campaign.[5] Fitzgerald distinguished the family bill from the amendment bill at a seminar organised by the Children's Rights Alliance.[6] The bill was approved by the Dáil on 12 March.[7] It passed the Seanad on 30 March, in a 20–2 vote and was signed into law by President Michael D. Higgins on 6 April 2015.[8] [9] [10] All provisions of the act did not come into legal effect.[11]

Senator Jim Walsh resigned from the Fianna Fáil parliamentary party over its support for the bill.[12]

Commencement

Amendment

Portions of the Act allowing for joint adoption, which never went into effect as no commencement order was signed, were repealed in 2017 after passage of the Adoption (Amendment) Act 2017, which legalised joint adoption by same-sex couples. Drafting errors in the Act were amended before they were commenced by the Children and Family Relationships (Amendment) Act 2018.[18]

Public opinion

An opinion poll published in March 2015 indicated strong public support for some of the central provisions of the Bill, namely adoption rights for same-sex and cohabiting couples. Support in both cases was measured at over 70%[19]

References

Sources

Citations

Notes and References

  1. Web site: Report . PDF . Commission on Assisted Human Reproduction . April 2005 . Lenus . 25 February 2015.
  2. Law Reform Commission Reports . Legal Aspects of Family Relationships . 25 February 2015 . LRC 101-2010 . December 2010 . 1393-3132 . PDF.
  3. Web site: Minister Shatter publishes General Scheme of Children and Family Relationships Bill for consultation. 30 January 2014. Press releases. Department of Justice and Equality. 27 January 2015.
  4. Web site: General Scheme of Children and Family Relationships Bill 2014: Discussion. Joint Committee on Justice, Defence and Equality. 9 April 2014. Proceedings. Oireachtas. 6 March 2015.
  5. News: Gay adoption law due before same-sex marriage referendum. Collins. Stephen. 21 January 2015. The Irish Times. 23 January 2015.
  6. News: Fitzgerald: Family Relationships Bill not linked to gay marriage referendum . 2 March 2015. Irish Examiner. 2 March 2015.
    Web site: Address by the minister. Fitzgerald. Frances. 2 March 2015. Seminar on the Children and Family Relationships Bill 2015. Children’s Rights Alliance. 2 March 2015.
  7. Web site: Children and Family Relationships Bill passes all stages in the Dáil . 2015-04-01 . 2015-07-06 . https://web.archive.org/web/20150706072750/http://www.radiokerry.ie/news/children-and-family-relationships-bill-passes-all-stages-in-the-dail/ . dead .
  8. http://www.rte.ie/news/2015/0330/690964-child-and-family-bill/ Children and Family Relationship Bill passed in Seanad
  9. https://www.oireachtas.ie/en/debates/debate/seanad/2015-03-30/6/ Children and Family Relationships Bill 2015: Report and Final Stages
  10. http://www.president.ie/en/the-president/2015-legislation.html 2015 Legislation
  11. Web site: State to introduce parts of Children and Family Relationships Act. Irish Times. 20 May 2015. Ruadhán Mac Cormaic.
  12. News: Fianna Fáil senator Jim Walsh resigns from party over his opposition to Children and Family Relationship Bill -. Niall. O'Connor. John Downing. 26 March 2015. Irish Independent. 27 March 2015.
  13. Web site: Children and Family Relationships Act 2015 (Part 10) (Commencement) Order 2015. 23 June 2015. Irish Statute Book.
  14. Web site: Minister Fitzgerald signs order for commencement of landmark family law reform (Click here for detailed information on the commencement order). 18 January 2016. Department of Justice and Equality.
  15. Web site: Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016. 12 January 2016. Irish Statute Book.
  16. Web site: Children and Family Relationships Act 2015 (Parts 2 and 3) (Commencement) Order 2019. 4 November 2019. 1 June 2020. Irish Statute Book.
  17. Web site: Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2019. 2 December 2019. 1 June 2020. Irish Statute Book.
  18. Web site: Children and Family Relationships (Amendment) Act 2018. 24 July 2018. Irish Statute Book. 1 June 2020.
  19. https://www.irishtimes.com/life-and-style/family-values-54-would-be-willing-to-help-a-relative-die-1.2149054 Family Values: 54% would be willing to help a relative die

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