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Children and Family Relationships Act 2015

In short

This law, the Children and Family Relationships Act 2015, primarily deals with parentage in cases of donor-assisted human reproduction and makes extensive amendments to existing laws concerning children and family relationships.

What it regulates

Who it concerns

Key points

Legal text

Children and Family Relationships Act 2015 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2015 Children and Family Relationships Act 2015 Children and Family Relationships Act 2015 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 9 of 2015 CHILDREN AND FAMILY RELATIONSHIPS ACT 2015 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective citations and commencement 2. Interpretation 3. Expenses PART 2 Parentage in Cases of Donor-Assisted Human Reproduction 4. Interpretation (Parts 2 and 3) 5. Parentage of child born as a result of DAHR procedure 6. Consent to use of gamete in DAHR procedure 7. Information to be provided for purposes of section 6 8. Revocation of consent given under section 6 9. Consent of intending mother 10. Revocation of consent given under section 9 11. Consent of husband, civil partner or cohabitant of intending mother 12. Revocation of consent given under section 11 13. Information to be provided for purposes of sections 9 and 11 14. Consent to use of embryo in DAHR procedure 15. Information to be provided for purposes of section 14 16. Consent to use of embryo in further DAHR procedure 17. Information to be provided for purposes of section 16 18. Revocation of consent given under section 14 or 16 19. Payment of reasonable expenses 20. Child to whom this section applies 21. Declaration by District Court of parentage of child to whom section 20 applies 22. Declaration by Circuit Court of parentage of child to whom section 20 applies 23. Effect of declaration under section 21 or 22 PART 3 Donor-Assisted Human Reproduction 24. Acquisition by operator of DAHR facility of gamete or embryo 25. Performance of DAHR procedure 26. Use of gamete or embryo in DAHR procedure 27. Intending parent to provide information to DAHR facility following DAHR procedure 28. DAHR facility to retain and provide certain information 29. Minister may require information on compliance by DAHR facility with section 28 30. Authorised persons 31. Powers of authorised persons 32. Enforcement of obligations of DAHR facility under section 28 33. National Donor-Conceived Person Register 34. Access to certain information from Register 35. Information in respect of relevant donor to be provided to donor-conceived child 36. Information in respect of donor-conceived child to be provided to relevant donor 37. Information in respect of other persons to be provided to donor-conceived child 38. Additional provision in relation to sections 33 to 37 39. Interaction of Register and register of births 40. Jurisdiction (Parts 2 and 3) 41. Regulations (Parts 2 and 3) 42. Service of documents (Parts 2 and 3) PART 4 Amendments to Guardianship of Infants Act 1964 43. Amendment of section 2 of Act of 1964 44. References in enactments to guardians appointed under section 6C or 6E 45. Best interests of child to be paramount 46. Amendment of section 5

(2)of Act of 1964
  1. Amendment of section 6 of Act of 1964
  2. Amendment of section 6A of Act of 1964
  3. Insertion in Act of 1964 of sections 6B to 6E
  4. Power of parents to appoint testamentary guardians
  5. Amendment of section 8 of Act of 1964
  6. Insertion of section 8A in Act of 1964
  7. Amendment of section 11 of Act of 1964
  8. Amendment of section 11A of Act of 1964
  9. Amendment of section 11B of Act of 1964
  10. Amendment of section 11D of Act of 1964
  11. Relatives and certain persons may apply for custody of child
  12. Additional powers of court in relation to applications under this Act
  13. Amendment of section 18
(2)of Act of 1964
  1. Insertion in Act of 1964 of sections 18A to 18D
  2. Amendment of section 23 of Act of 1964
  3. Amendment of section 27 of Act of 1964
  4. Insertion of Part V in Act of 1964 PART 5 Amendments to Succession Act 1965
  5. Amendment of section 3 of Act of 1965
  6. Amendment of section 4A of Act of 1965
  7. Amendment of section 27A of Act of 1965
  8. Amendment of section 67A of Act of 1965
  9. Amendment of section 72A of Act of 1965
  10. Amendment of section 117 of Act of 1965
  11. Amendment of section 121 of Act of 1965 PART 6 Amendments to Family Law (Maintenance of Spouses and Children) Act 1976
  12. Amendment of section 3 of Act of 1976
  13. Amendment of section 5A of Act of 1976
  14. Maintenance by cohabitants of certain dependent children
  15. Amendment of section 6 of Act of 1976
  16. Amendment of section 8A of Act of 1976
  17. Amendment of section 10 of Act of 1976
  18. Amendment of section 21A of Act of 1976
  19. Amendment of section 23 of Act of 1976 PART 7 Amendments to Status of Children Act 1987
  20. Amendment of section 33 of Act of 1987
  21. Amendment of section 35 of Act of 1987
  22. Amendment of section 37 of Act of 1987
  23. Amendment of section 38 of Act of 1987
  24. Amendment of section 39 of Act of 1987
  25. Amendment of section 40 of Act of 1987
  26. Amendment of section 41 of Act of 1987
  27. Amendment of section 42 of Act of 1987
  28. Amendment of section 43 of Act of 1987
  29. Amendment of section 46 of Act of 1987 PART 8 Amendments to Family Law Act 1995
  30. Amendment of section 2 of Act of 1995
  31. Amendment of section 41 of Act of 1995
  32. Amendment of section 42 of Act of 1995 PART 9 Amendments to Civil Registration Act 2004
  33. Amendment of section 2 of Act of 2004
  34. Special provisions in relation to registration of birth of donor-conceived child
  35. Sections 23 and 23A of Act of 2004 not to apply to donor-conceived child
  36. Re-registration of birth of donor-conceived child on foot of court order
  37. Miscellaneous amendments to Act of 2004
  38. Registrar may take and receive statutory declaration under Guardianship of Infants Act 1964
  39. Amendment of section 44C
(2)of Act of 2004
  1. Amendment of First Schedule to Act of 2004 PART 10 Amendment to Passports Act 2008
  2. Amendment to Passports Act 2008 PART 11 Amendments to Adoption Act 2010
  3. Definition (Part 11)
  4. Amendment of section 3 of Principal Act
  5. Amendment of section 4 of Principal Act
  6. Amendment of section 11 of Principal Act
  7. Amendment of section 12 of Principal Act
  8. Amendment of section 16 of Principal Act
  9. Amendment of section 17 of Principal Act
  10. Amendment of section 18 of Principal Act
  11. No pre-placement consultation required
  12. Amendment of section 20 of Principal Act
  13. Amendment of section 21 of Principal Act
  14. Amendment of section 30 of Principal Act
  15. Amendment of section 32 of Principal Act
  16. Amendment of section 33 of Principal Act
  17. Amendment of section 34 of Principal Act
  18. Amendment of section 37 of Principal Act
  19. Amendment of section 38 of Principal Act
  20. Amendment of section 40 of Principal Act
  21. Amendment of section 41 of Principal Act
  22. Amendment of section 43 of Principal Act
  23. Amendment of section 58 of Principal Act
  24. Amendment of section 59 of Principal Act
  25. Amendment of section 60 of Principal Act
  26. Amendment of section 61 of Principal Act
  27. Amendment of section 62 of Principal Act
  28. Amendment of section 68 of Principal Act
  29. Amendment of section 69 of Principal Act
  30. Amendment of section 78 of Principal Act
  31. Amendment of section 79 of Principal Act
  32. Amendment of section 97 of Principal Act
  33. Amendment of section 125 of Principal Act
  34. Amendment of section 144 of Principal Act
  35. Amendment of section 145 of Principal Act
  36. Amendment of Schedule 3 to Principal Act PART 12 Amendments to Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
  37. Amendment of section 2 of Act of 2010
  38. Amendment of section 29 of Act of 2010
  39. Amendment of section 30 of Act of 2010
  40. Amendment of section 34 of Act of 2010
  41. Amendment of section 43 of Act of 2010
  42. Amendment of section 45 of Act of 2010
  43. Amendment of section 46 of Act of 2010
  44. Amendment of section 47 of Act of 2010
  45. Amendment of section 48 of Act of 2010
  46. Amendment of section 51 of Act of 2010
  47. Amendment of section 52 of Act of 2010
  48. Failure to make payments and certificate of outstanding payments
  49. Birth and funeral expenses of dependent child
  50. Custody of dependent children of civil partners after decree of nullity
  51. Amendment of section 109 of Act of 2010
  52. Amendment of section 110 of Act of 2010
  53. Amendment of section 113 of Act of 2010
  54. Amendment of section 115 of Act of 2010
  55. Amendment of section 116 of Act of 2010
  56. Amendment of section 117 of Act of 2010
  57. Amendment of section 118 of Act of 2010
  58. Amendment of section 119 of Act of 2010
  59. Amendment of section 120 of Act of 2010
  60. Amendment of section 121 of Act of 2010
  61. Amendment of section 122 of Act of 2010
  62. Amendment of section 123 of Act of 2010
  63. Amendment of section 124 of Act of 2010
  64. Amendment of section 125 of Act of 2010
  65. Amendment of section 129 of Act of 2010
  66. Amendment of section 131 of Act of 2010
  67. Restriction in relation to orders for benefit of dependent children of civil partners
  68. Amendment of section 133 of Act of 2010
  69. Amendment of section 137 of Act of 2010
  70. Amendment of section 138 of Act of 2010
  71. Amendment of section 140 of Act of 2010
  72. Custody of dependent children and social reports
  73. Amendment of section 142 of Act of 2010
  74. Orders under Family Law (Maintenance of Spouses and Children) Act 1976 PART 13 Miscellaneous Consequential Amendments to Other Acts
  75. Amendment of section 2 of Redundancy Payments Act 1967
  76. Amendment of section 1 of Unfair Dismissals Act 1977
  77. Amendment of section 20 of Child Care Act 1991
  78. Amendment of Maternity Protection Act 1994
  79. Amendment of section 2 of Adoptive Leave Act 1995
  80. Amendment of section 6 of Parental Leave Act 1998
  81. Amendment of section 3 of Protection of Children (Hague Convention) Act 2000
  82. Amendment of section 2 of Student Support Act 2011 Acts Referred to Adoption Act 2010 (No. 21) Adoption Acts 2010 to 2013 Adoptive Leave Act 1995 (No. 2) Child Care Act 1991 (No. 17) Child Care Acts 1991 to 2013 Civil Legal Aid Act 1995 (No. 32) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Civil Registration Act 2004 (No. 3) Civil Registration Acts 2004 to 2014 Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11) Criminal Justice (Mutual Assistance) Act 2008 (No. 7) Enforcement of Court Orders Acts 1926 to 2009 Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11) Family Law Act 1995 (No. 26) Firearms Act 1925 (No. 17) Guardianship of Children Acts 1964 to 1997 Guardianship of Infants Act 1964 (No. 7) International Criminal Court Act 2006 (No. 30) Judicial Separation and Family Law Reform Act 1989 (No. 6) Land and Conveyancing Law Reform Act 2009 (No. 27) Maternity Protection Act 1994 (No. 34) Medical Practitioners Act 2007 (No. 25) Nurses and Midwives Act 2011 (No. 41) Parental Leave (Amendment) Act 2006 (No. 13) Parental Leave Act 1998 (No. 30) Passports Act 2008 (No. 4) Protection of Children (Hague Convention) Act 2000 (No. 37) Protection of Young Persons (Employment) Act 1996 (No. 16) Redundancy Payments Act 1967 (No. 21) Status of Children Act 1987 (No. 26) Statutory Declarations Act 1938 (No. 37) Student Support Act 2011 (No. 4) Succession Act 1965 (No. 27) Unfair Dismissals Act 1977 (No. 10) Number 9 of 2015 CHILDREN AND FAMILY RELATIONSHIPS ACT 2015 An Act to provide for certain matters relating to donor-assisted human reproduction and the parentage of children born as a result of donor-assisted human reproduction procedures; to provide for the establishment and maintenance of a register to be known as the National Donor-Conceived Person Register; to amend and extend the law relating to the guardianship and custody of, and access to, children and for those purposes to amend the Guardianship of Infants Act 1964 ; to extend the category of persons who may be liable for the maintenance of children and for that purpose to amend the Family Law (Maintenance of Spouses and Children) Act 1976, and for that and other purposes to amend the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; to provide for the use in certain circumstances of DNA testing to determine parentage and for that and other purposes to amend the Status of Children Act 1987 ; to amend the Family Law Act 1995 ; to amend the category of persons who may adopt children and for that and other purposes to amend the Adoption Act 2010 ; to make consequential amendments to the Succession Act 1965 , the Civil Registration Act 2004 and other enactments; and to provide for related matters. [6 th April, 2015] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective citations and commencement 1.
(1)This Act may be cited as the Children and Family Relationships Act 2015.
(2)Part 9 and the Civil Registration Acts 2004 to 2014 may be cited together as the Civil Registration Acts 2004 to 2015.
(3)Part 11 and the Adoption Acts 2010 to 2013 may be cited together as the Adoption Acts 2010 to 2015.
(4)Section 175 and the Child Care Acts 1991 to 2013 may be cited together as the Child Care Acts 1991 to 2015.
(5)This Act, subject to subsections
(6)to
(9), shall come into operation on the day or days that the Minister may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(6)Parts 2 and 3 shall come into operation on the day or days that the Minister for Health may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(7)Part 9 shall come into operation on the day or days that the Minister may, after consulting with the Minister for Social Protection, appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(8)Part 10 shall come into operation on the day or days that the Minister for Foreign Affairs and Trade may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(9)Part 11 shall come into operation on the day or days that the Minister for Children and Youth Affairs may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation
  1. In this Act— “Act of 1964” means the Guardianship of Infants Act 1964 ; “Act of 1965” means the Succession Act 1965 ; “Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act 1976 ; “Act of 1987” means the Status of Children Act 1987 ; “Act of 1995” means the Family Law Act 1995 ; “Act of 2004” means the Civil Registration Act 2004 ; “Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; “Minister”, other than in Parts 2 and 3, means the Minister for Justice and Equality. Expenses
  2. The expenses incurred by the Minister or any other Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. PART 2 Parentage in Cases of Donor-Assisted Human Reproduction Interpretation (Parts 2 and 3)
  3. In this Part and Part 3 — “birth certificate” means a document issued under section 13
(4)of the Act of 2004 in respect of an entry in the register of births; “civil partner” shall be construed in accordance with section 3 of the Act of 2010; “cohabitant” shall be construed in accordance with section 172
(1)of the Act of 2010; “DAHR facility” means a place at which a DAHR procedure is performed; “DAHR procedure” means a donor-assisted human reproduction procedure, being any procedure performed in the State with the objective of it resulting in the implantation of an embryo in the womb of the woman on whose request the procedure is performed, where— (
  1. a)one of the gametes from which the embryo has been or will be formed has been provided by a donor, (
  2. b)each gamete from which the embryo has been or will be formed has been provided by a donor, or (
  3. c)the embryo has been provided by a donor; “donation facility” means a place at which a person provides and donates his or her gamete, and includes a DAHR facility; “donor”— (
  4. a)in relation to a gamete, means— (
  5. i)a person who has consented, under section 6 or in the manner referred to in section 26
(1)(b)(ii), to the use in a DAHR procedure of a gamete provided by him or her, or (ii) the donor of a gamete to which section 26
(6)applies, and includes a donor of a gamete that is used in the formation of an embryo that is used in a further DAHR procedure, and (
  1. b)in relation to an embryo, means— (
  2. i)a person who has consented under section 14 or 16 or in the manner referred to in section 26
(2)(b)(ii), to the use of the embryo in a DAHR procedure or a further DAHR procedure, or (ii) the donor of an embryo to which section 26
(6)applies; “donor-conceived child” means— (
  1. a)a child born in the State, after the commencement of this section, as a result of a DAHR procedure, or (
  2. b)other than in sections 33 to 39 , a child in respect of whom a person has been declared under section 21 or 22 to be his or her parent; “embryo” means a human embryo formed by the fertilisation of a human egg by a human sperm; “enactment” means a statute or an instrument made under a power conferred by statute; “further DAHR procedure” has the meaning it has in section 16 ; “gamete” means— (
  3. a)a human sperm, which is formed in the body of and provided by a man, or (
  4. b)a human egg, which is formed in the body of and provided by a woman; “intending mother” means, in relation to a DAHR procedure, a woman who requests the performance of the procedure for the purpose of her becoming the mother of a child born as a result of the procedure; “intending parent” means, in relation to a DAHR procedure, a person who intends to be the parent, under section 5 , of a child born as a result of the procedure, and includes an intending mother; “Minister” means the Minister for Health; “mother” means, in relation to a child, the woman who gives birth to the child; “operator” means, in relation to a DAHR facility, the person who owns or manages the facility or is otherwise responsible for the running of the facility; “prescribed” means prescribed by regulations under section 41 ; “Register” means the register established under section 33 ; “registered medical practitioner” means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 ; “registered nurse” means a person whose name is entered for the time being in the nurses division of the register of nurses and midwives established under section 46 of the Nurses and Midwives Act 2011 ; “relevant donor” means, in relation to a donor-conceived child— (
  5. a)subject to paragraph (b), the donor of a gamete that was used in the DAHR procedure that resulted in the birth of the donor-conceived child, and (
  6. b)in the case of a donor-conceived child who is born as a result of a DAHR procedure or a further DAHR procedure in which a donated embryo was used— (
  7. i)a donor of the embryo who provided a gamete that was used in the formation of the embryo, and (
  8. ii)where applicable, the donor of a gamete that was used in the formation of the embryo. Parentage of child born as a result of DAHR procedure 5.
(1)The parents of a donor-conceived child who is born as a result of a DAHR procedure to which subsection
(8)applies are— (
  1. a)the mother, and (
  2. b)the husband, civil partner or cohabitant, as the case may be, of the mother.
(2)Where a donor-conceived child is born as a result of a DAHR procedure, other than a DAHR procedure to which subsection
(8)applies, the mother alone shall be the parent of that child.
(3)Where a person is, under subsection
(1)or
(2), the parent of a child, he or she shall have all parental rights and duties in respect of the child.
(4)In deducing any relationship for the purposes of any enactment, the relationship between every donor-conceived child and his or her parent or parents shall be determined in accordance with this section and all other relationships shall be determined accordingly.
(5)A donor of a gamete that is used in a DAHR procedure— (
  1. a)is not the parent of a child born as a result of that procedure, and (
  2. b)has no parental rights or duties in respect of the child.
(6)A donor of an embryo that is used in a DAHR procedure— (
  1. a)is not the parent of a child born as a result of that procedure, and (
  2. b)has no parental rights or duties in respect of the child.
(7)On and after the coming into operation of this section, a reference in any enactment to— (
  1. a)a mother or parent of a child shall be construed as not including a woman who is the donor of a gamete or embryo that was used in a DAHR procedure that resulted in the birth of the child, and (
  2. b)a father or parent of a child shall be construed as not including a man who is the donor of a gamete or embryo that was used in a DAHR procedure that resulted in the birth of the child.
(8)This subsection applies to a DAHR procedure in relation to which— (a) the intending mother has consented under section 9 to the parentage under subsection
(1)of the child born as a result of the procedure, where her declaration under section 9
(1)(c) includes a statement referred to in section 9
(3)(
  1. d)in respect of her husband, civil partner or cohabitant, as the case may be, and (
  2. b)the husband, civil partner or cohabitant of the intending mother referred to in paragraph (
  3. a)has consented under section 11 to the parentage under subsection
(1)of the child referred to in that paragraph. Consent to use of gamete in DAHR procedure 6.
(1)A person consents under this section to the use in a DAHR procedure of a gamete provided by him or her where he or she— (
  1. a)has attained the age of 18 years, (
  2. b)has received the information referred to in section 7 , and (
  3. c)makes a declaration in accordance with subsections
(2)and
(3).
(2)A declaration under subsection
(1)(c) shall be made before the donation is made, and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of the donation facility where the gamete is provided.
(3)A declaration under subsection
(1)(
  1. c)shall be in such form as may be prescribed and shall include the following statements: (
  2. a)that the person has received the information referred to in section 7 ; (
  3. b)subject to subsection
(4), that the person consents to the use in a DAHR procedure of the gamete provided by him or her; (c) that, in the event that the gamete is used in a procedure referred to in paragraph (b), the person consents to the provision to the Minister of the information referred to in section 28
(3)(
  1. a)in respect of him or her; (
  2. d)that the person is aware that he or she shall not be the parent of any child born as a result of a procedure referred to in paragraph (b); (
  3. e)that, in the event that a child is born as a result of a procedure referred to in paragraph (b), the person— (
  4. i)consents to the recording on the Register of the information specified in section 33
(3)(
  1. d)in respect of the person, and (
  2. ii)understands that the child may, in accordance with section 35 , access the information referred to in sub paragraph (
  3. i)and seek to contact him or her.
(4)In making a statement referred to in subsection
(3)(b), a person may state that his or her consent is restricted to the use of the gamete in a DAHR procedure performed on the request of— (a) the intending mother specified in the statement, where the DAHR procedure concerned is one to which section 25
(3)(b)(
  1. i)applies, or (
  2. b)the intending parents specified in the statement, where the DAHR procedure concerned is one to which section 25
(3)(b)(ii) applies.
(5)A person’s consent under this section to the use of his or her gamete in a DAHR procedure may not be restricted other than as provided for in subsection
(4). Information to be provided for purposes of section 6 7. The operator of a donation facility shall, before a person makes a declaration under section 6
(1)(c), inform him or her— (
  1. a)that, in the event that he or she consents under section 6 to the use in a DAHR procedure of a gamete provided by him or her— (
  2. i)he or she is entitled to seek the information referred to in section 34
(2), and (ii) where such a DAHR procedure is performed, he or she consents to the provision to the Minister of the information referred to in section 28
(3)(
  1. a)in respect of him or her, (
  2. b)that, in the event that a child is born as a result of the procedure referred to in paragraph (a)— (
  3. i)he or she shall not be the parent of that child, (
  4. ii)the information specified in section 33
(3)(
  1. d)in relation to him or her shall be recorded on the Register, (iii) the child may, in accordance with section 35 , access the information referred to in subparagraph (
  2. ii)and seek to contact him or her, (
  3. iv)the person’s entitlement to obtain information recorded on the Register is subject to section 36 and is otherwise restricted to the information referred to in section 34
(2), and (v) having regard to the child’s right to his or her identity, it is desirable that he or she keep updated, in accordance with section 38
(1), the information in relation to him or her that is recorded on the Register, and (c) of his or her right under section 8 , in the event that he or she consents under section 6 to the use of his or her gamete in a DAHR procedure, to revoke that consent. Revocation of consent given under section 6 8.
(1)Subject to this section, a donor of a gamete may, by notice in writing to the operator of the donation facility to which his or her declaration under section 6
(1)(c) was made, revoke his or her consent under that section.
(2)A revocation of consent under subsection
(1)shall have no effect in respect of a gamete to which the consent relates that has been used at a DAHR facility in the formation of an embryo before the date on which the notice under that subsection is received by the operator of the DAHR facility concerned. Consent of intending mother 9.
(1)An intending mother consents under this section to the parentage, under subsection
(1)or
(2), as the case may be, of section 5 of a child born to her as a result of a DAHR procedure where, before that procedure is performed, she— (
  1. a)has attained the age of 21 years, (
  2. b)has received the information referred to in section 13 , and (
  3. c)makes a declaration in accordance with subsections
(2)and
(3).
(2)A declaration under subsection
(1)(c) shall be made before the DAHR procedure is performed and shall be in writing, dated, and signed by the intending mother in the presence of a person authorised in that behalf by the operator of the DAHR facility where the DAHR procedure is to be performed.
(3)A declaration under subsection
(1)(
  1. c)shall be in such form as may be prescribed and shall include the following statements: (
  2. a)that the intending mother has received the information referred to in section 13 ; (
  3. b)that, in the event that a DAHR procedure is performed, the intending mother— (
  4. i)consents to the provision to the Minister of the information referred to in section 28
(3)(
  1. b)in respect of her, and (
  2. ii)agrees to comply with her obligations under section 27 ; (
  3. c)that the intending mother is aware that— (
  4. i)the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of any child born as a result of that procedure, and (
  5. ii)she shall be the mother of such a child; (
  6. d)where applicable, that the intending mother consents to her husband, civil partner or cohabitant, as the case may be, being the parent under section 5
(1)(
  1. b)of any child born as a result of the DAHR procedure; (
  2. e)that, in the event that a child is born as a result of the DAHR procedure, the intending mother— (
  3. i)consents to the recording on the Register of the information specified in section 33
(3)(
  1. c)in respect of her, (
  2. ii)consents to the recording on the Register of the information specified in paragraphs (
  3. a)and (
  4. b)of section 33
(3)in respect of the child, and (iii) understands that the child may, in accordance with section 35 , access the information specified in section 33
(3)(d) in respect of a person who is, in relation to the child, a relevant donor and seek to contact him or her. Revocation of consent given under section 9 10.
(1)Subject to this section, an intending mother may, by notice in writing to the operator of the DAHR facility to which her declaration under section 9
(1)(c) was made, revoke her consent under that section.
(2)A revocation of consent under subsection
(1)shall have no effect in respect of a DAHR procedure to which the consent relates that has been performed before the notice under that subsection is received by the operator of the DAHR facility at which the procedure was performed. Consent of husband, civil partner or cohabitant of intending mother 11.
(1)A person, being the husband, civil partner or cohabitant of the intending mother concerned, consents under this section to be the parent, under section 5
(1)(b), of a child born as a result of a DAHR procedure where, before that procedure is performed— (
  1. a)the person has attained the age of 21 years, (
  2. b)the intending mother has consented under section 9 to a DAHR procedure, and her declaration under section 9
(1)(c) includes a statement referred to in section 9
(3)(
  1. d)in respect of the person, (
  2. c)the person has received the information referred to in section 13 , and (
  3. d)the person makes a declaration in accordance with subsections
(2)and
(3).
(2)A declaration under subsection
(1)(d) shall be made before the DAHR procedure is performed and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of the DAHR facility where the DAHR procedure is to be performed.
(3)A declaration under subsection
(1)(
  1. d)shall be in such form as may be prescribed and shall include the following statements: (
  2. a)that the person is the husband, civil partner or cohabitant, as the case may be, of the intending mother; (
  3. b)that the person has received the information referred to in section 13 ; (
  4. c)that, in the event that a DAHR procedure is performed, the person— (
  5. i)consents to the provision to the Minister of the information referred to in section 28
(3)(
  1. b)in respect of him or her, and (
  2. ii)agrees to comply with his or her obligations under section 27 ; (
  3. d)that the person is aware that— (
  4. i)the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of any child born as a result of that procedure, and (
  5. ii)by consenting in accordance with this section, he or she shall, under this Act, together with the mother of the child, be the parent of such a child; (
  6. e)that, in the event that a child is born as a result of the DAHR procedure, the person— (
  7. i)consents to the recording on the Register of the information specified in section 33
(3)(
  1. c)in respect of him or her, (
  2. ii)consents to the recording on the Register of the information specified in paragraphs (
  3. a)and (
  4. b)of section 33
(3)in respect of the child, and (iii) understands that the child may, in accordance with section 35 , access the information specified in section 33
(3)(d) in respect of a person who is, in relation to the child, a relevant donor and seek to contact him or her. Revocation of consent given under section 11 12.
(1)Subject to this section, a person may, by notice in writing to the operator of the DAHR facility to which his or her declaration under section 11
(1)(d) was made, revoke his or her consent under that section.
(2)A revocation of consent under subsection
(1)shall have no effect in respect of a DAHR procedure to which the consent relates that has been performed before the notice under that subsection is received by the operator of the DAHR facility at which the procedure was performed. Information to be provided for purposes of sections 9 and 11 13. The operator of a DAHR facility shall, before a person makes a declaration under section 9
(1)(c) or section 11
(1)(d), inform him or her— (a) that, in the event that a DAHR procedure is performed, the information referred to in section 28
(3)(
  1. b)in respect of him or her shall be provided to the Minister, (
  2. b)that, in the event that he or she consents in accordance with section 9 or 11 , as the case may be, and a child is born as a result of the DAHR procedure— (
  3. i)he or she shall be the parent of the child, (
  4. ii)the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of the child, (iii) the information specified in section 33
(3)in respect of the intending parent or parents, the child and a person who is, in relation to the child, a relevant donor, shall be recorded on the Register, (iv) the child may, in accordance with section 35 , access the information specified in section 33
(3)(
  1. d)in respect of the donor referred to in subparagraph (iii) and seek to contact him or her, and (
  2. v)his or her entitlement to obtain information from the Register shall be restricted to the information referred to in section 34
(1), (
  1. c)of his or her obligation under section 27 to provide the information specified in that section to the DAHR facility concerned, and (
  2. d)of his or her right under section 10 or 12 , as the case may be, in the event that he or she consents under section 9 or 11 , to revoke that consent. Consent to use of embryo in DAHR procedure 14.
(1)Where— (
  1. a)an embryo is formed for the purposes of an assisted human reproduction procedure, and (
  2. b)the woman and man on whose request the assisted human reproduction procedure is to be performed do not wish for the embryo to be used in such a procedure, the woman and man may consent, under this section, to the use of the embryo in a DAHR procedure.
(2)Subject to subsection
(3), the woman and man referred to in subsection
(1)may consent under this section to the use of the embryo in a DAHR procedure in respect of which neither of them is an intending parent.
(3)An embryo referred to in subsection
(2)may be used in a DAHR procedure to which that subsection applies only where both the woman and the man concerned have consented under that subsection.
(4)A man to whom subsection
(1)applies may consent under this section to the use of the embryo in a DAHR procedure in respect of which— (a) the woman to whom subsection
(1)applies is the intending mother, and (b) he is not an intending parent.
(5)A person consents under this section to the use of an embryo in a DAHR procedure where he or she— (
  1. a)receives the information referred to in section 15 , and (
  2. b)makes a declaration in accordance with subsections
(6)and
(7).
(6)A declaration under subsection
(5)(b) shall be made before the donation is made and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of a DAHR facility.
(7)A declaration under subsection
(5)(
  1. b)shall include the following statements: (
  2. a)that the person has received the information referred to in section 15 ; (
  3. b)subject to subsection
(8), that the person consents to the use in a DAHR procedure of the embryo; (
  1. c)that the person is aware that he or she shall not be the parent of any child born as a result of the DAHR procedure; (
  2. d)that, in the event that the embryo is used in a DAHR procedure, the person consents to the provision to the Minister of the information referred to in section 28
(3)(
  1. a)in respect of him or her; (
  2. e)that, in the event that a child is born as a result of a DAHR procedure, the person— (
  3. i)consents to the recording in the Register of the information specified in section 33
(3)(
  1. d)in respect of him or her, and (
  2. ii)understands that the child may, in accordance with section 35 , access the information referred to in sub paragraph (i), and seek to contact him or her.
(8)In making a statement referred to in subsection
(7)(b), a person may state that his or her consent is restricted to the use of the embryo in a DAHR procedure performed on the request of— (a) an intending mother specified in the statement, where the DAHR procedure concerned is one to which section 25
(3)(b)(
  1. i)applies, or (
  2. b)the intending parents specified in the statement, where the DAHR procedure concerned is one to which section 25
(3)(b)(ii) applies.
(9)A person’s consent under this section to the use of an embryo in a DAHR procedure may not be restricted other than as provided for in subsection
(8).
(10)In this section, “assisted human reproduction procedure” means a procedure performed with the objective of it resulting in the implantation of an embryo in the womb of the woman on whose request the procedure is performed, where— (
  1. a)the embryo has been or will be formed from a gamete provided by the woman and a gamete provided by a man, and (
  2. b)the procedure is performed for the purpose of the woman and the man becoming the parents of a child born as a result of the procedure. Information to be provided for purposes of section 14 15. The operator of a DAHR facility shall, before a person makes a declaration under section 14
(5)(b), inform him or her— (
  1. a)that, in the event that he or she consents under section 14 to the use of the embryo in a DAHR procedure— (
  2. i)he or she is entitled to seek the information referred to in section 34
(2), and (ii) where such a DAHR procedure is performed, he or she consents to the provision to the Minister of the information referred to in section 28
(3)(
  1. a)in respect of him or her, (
  2. b)that, in the event that a child is born as a result of the DAHR procedure referred to in paragraph (
  3. a)— (
  4. i)he or she shall not be the parent of that child, (
  5. ii)the information specified in section 33
(3)(d) in relation to him or her shall be recorded on the Register, (iii) the child may, in accordance with section 35 , access the information specified in section 33
(3)(
  1. d)in respect of him or her and seek to contact him or her, (
  2. iv)the person’s entitlement to obtain information recorded on the Register is subject to section 36 and is otherwise restricted to the information referred to in section 34
(2), and (v) having regard to the child’s right to his or her identity, it is desirable that he or she keep updated, in accordance with section 38
(1), the information in relation to him or her that is recorded on the Register, and (c) of his or her right under section 18 , in the event that he or she consents under section 14 to the use of the embryo in a DAHR procedure, to revoke that consent. Consent to use of embryo in further DAHR procedure 16.
(1)Where— (
  1. a)an embryo is formed for the purposes of a DAHR procedure, and (
  2. b)(
  3. i)in the case of a DAHR procedure to which section 25
(3)(b)(
  1. ii)applies, the intending parents do not wish for the embryo to be used in a DAHR procedure in respect of which they are the intending parents, or (
  2. ii)in the case of a DAHR procedure to which section 25
(3)(b)(
  1. i)applies, the intending mother does not wish for the embryo to be used in a DAHR procedure in respect of which she is the intending mother, a person referred to in paragraph (
  2. b)may consent, under this section, to the use of the embryo in a further DAHR procedure.
(2)Subject to subsection
(3), each intending parent referred to in subsection
(1)(b)(i) may consent under this section to the use of the embryo in a DAHR procedure in respect of which neither of them is an intending parent.
(3)An embryo referred to in subsection
(2)may be used in a further DAHR procedure to which that subsection applies only where each intending parent has consented under that subsection.
(4)An intending parent to whom subsection
(1)(b)(
  1. i)applies, who is not the intending mother, may consent under this section to the use of the embryo in a DAHR procedure in respect of which— (
  2. a)the intending mother is the intending mother, and (
  3. b)he or she is not an intending parent.
(5)A person consents under this section to the use of an embryo in a further DAHR procedure where he or she— (
  1. a)receives the information referred to in section 17 , and (
  2. b)makes a declaration in accordance with subsections
(6)and
(7).
(6)A declaration under subsection
(5)(b) shall be made before the donation is made and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of a DAHR facility.
(7)A declaration under subsection
(5)(
  1. b)shall include the following statements: (
  2. a)that the person has received the information referred to in section 17 ; (
  3. b)subject to subsection
(8), that the person consents to the use in a further DAHR procedure of the embryo; (
  1. c)that the person is aware that he or she shall not be the parent of any child born as a result of a further DAHR procedure; (
  2. d)where the embryo was formed from a gamete provided by the person— (
  3. i)that, in the event that the embryo is used in a further DAHR procedure, the person consents to the provision to the Minister of the information referred to in section 28
(3)(
  1. a)in respect of him or her, and (
  2. ii)that, in the event that a child is born as a result of a further DAHR procedure, the person— (I) consents to the recording in the Register of the information specified in section 33
(3)(d) in respect of him or her, and (II) understands that the child may, in accordance with section 35 , access the information referred to in clause (I), and seek to contact him or her.
(8)In making a statement referred to in subsection
(7)(b), a person may state that his or her consent is restricted to the use of the embryo in a further DAHR procedure performed on the request of— (a) an intending mother specified in the statement, where the further DAHR procedure concerned is one to which section 25
(3)(b)(
  1. i)applies, or (
  2. b)the intending parents specified in the statement, where the further DAHR procedure concerned is one to which section 25
(3)(b)(ii) applies.
(9)A person’s consent under this section to the use of an embryo in a further DAHR procedure may not be restricted other than as provided for in subsection
(8).
(10)In this section “further DAHR procedure”, means a DAHR procedure to which subsection
(2)or
(4)applies. Information to be provided for purposes of section 16 17.
(1)The operator of a DAHR facility shall, before a person makes a declaration under section 16
(5)(b), inform him or her— (
  1. a)that, in the event that he or she consents under section 16 to the use of the embryo in a further DAHR procedure, and a child is born as a result of that procedure, he or she shall not be the parent of the child, (
  2. b)of his or her right under section 18 , in the event that he or she consents under section 16 to the use of the embryo in a further DAHR procedure, to revoke that consent, and (
  3. c)where subsection
(2)applies, of the matters specified in that subsection.
(2)Where a person referred to in subsection
(1)has provided a gamete that was used in the formation of the embryo concerned, the facility referred to in that subsection shall, in addition, inform the person that— (
  1. a)in the event that he or she consents under section 16 to the use of the embryo in a further DAHR procedure— (
  2. i)he or she is entitled to seek the information referred to in section 34
(2), and (ii) where such a further DAHR procedure is performed, he or she consents to the provision to the Minister of the information referred to in section 28
(3)(
  1. a)in respect of him or her, and (
  2. b)in the event that a child is born as a result of the further DAHR procedure— (
  3. i)the information specified in section 33
(3)(
  1. d)in relation to him or her shall be recorded on the Register, (
  2. ii)the child may, in accordance with section 35 , access the information specified in section 33
(3)(d) in respect of him or her and seek to contact him or her, (iii) the person’s entitlement to obtain information recorded on the Register is subject to section 36 and is otherwise restricted to the information referred to in section 34
(2), and (iv) having regard to the child’s right to his or her identity it is desirable that he or she keep updated, in accordance with section 38
(1), the information in relation to him or her that is recorded on the Register. Revocation of consent given under section 14 or 16 18.
(1)Subject to subsection
(2), a donor under section 14 or 16 of an embryo may, by notice in writing to the operator of the DAHR facility to which his or her declaration under section 14
(5)(b) or section 16
(5)(b), as the case may be, was made, revoke his or her consent under the relevant section.
(2)A revocation of consent under subsection
(1)shall have no effect in respect of a DAHR procedure or, as the case may be, a further DAHR procedure to which the consent relates that has been performed before the notice under that subsection is received by the operator of the DAHR facility at which the procedure is performed. Payment of reasonable expenses 19.
(1)The consent of a donor under section 6 shall not be valid where it is given in exchange for financial compensation in excess of the reasonable expenses associated with the provision of the gamete concerned or the giving of consent under that section.
(2)The consent of a donor under section 14 or 16 shall not be valid where it is given in exchange for financial compensation in excess of the reasonable expenses specified in subsection
(3)(
  1. a)or (
  2. c)associated with the giving of consent under that section.
(3)In this section, “reasonable expenses” means, in relation to a donor, the donor’s— (
  1. a)travel costs, (
  2. b)medical expenses, and (
  3. c)any legal or counselling costs, incurred by him or her in relation to the provision of the gamete or, as the case may be, the giving of consent under this Part. Child to whom this section applies 20.
(1)This section applies to a child where— (
  1. a)the child was born in the State, (
  2. b)the child was born as a result of a DAHR procedure that was performed before the date on which this section comes into operation that— (
  3. i)was performed in the State, or (
  4. ii)was performed outside the State, where the person who performed the procedure was authorised to do so under the law of the place where the procedure was performed, (
  5. c)at the time when the DAHR procedure referred to in paragraph (
  6. b)was performed, a person was an intending parent of the child and was the only intending parent of the child, (
  7. d)at the time referred to in paragraph (
  8. c)the person, other than the mother of the child, who provided a gamete that was used in the DAHR procedure— (
  9. i)was unknown to the mother of the child and the person referred to in paragraph (c), and (
  10. ii)was not an intending parent of the child, (
  11. e)at the time of an application under section 21 or 22 , as the case may be, the person referred to in paragraph (
  12. d)remains unknown to the mother of the child and the person referred to in paragraph (c), and (
  13. f)the mother of the child is recorded as the mother of the child in a register of births and no person, or no person other than the person referred to in paragraph (c), is recorded in that register as the child’s father or parent.
(2)In this section and sections 21 to 23 — “DAHR procedure” includes a DAHR procedure that is performed outside the State; “intending parent” means, in relation to a child who is born as a result of a DAHR procedure, a person, other than the intending mother of the child who, at the time the DAHR procedure is performed, was aware of the performance of the procedure and undertook to care for, and exercise responsibilities towards, any child born as a result of the procedure, as if he or she were the parent of the child; “register of births”, means a register of births maintained by An tArd-Chláraitheoir under section 13
(1)(a) of the Civil Registration Act 2004 , as amended, or under the repealed enactments (within the meaning of that Act). Declaration by District Court of parentage of child to whom section 20 applies 21.
(1)The persons specified in subsection
(2)may jointly apply to the District Court in such manner as may be prescribed by rules of court for a declaration under this section that the person referred to in subsection
(2)(b) is the parent of a child to whom section 20 applies.
(2)An application for a declaration under this section may be made, in relation to a child to whom section 20 applies, by— (a) the mother of the child, and (b) the person, referred to in section 20
(1)(c), who was an intending parent of the child.
(3)The child to whom an application for a declaration under this section relates shall be joined as a party to the proceedings.
(4)An application under this section shall be grounded on an affidavit sworn by each applicant, stating that— (
  1. a)the child to whom the application relates is a child to whom section 20 applies, (
  2. b)the applicant referred to in subsection
(2)(b) was, at the time referred to in section 20
(1)(c), the intending parent of the child, and (c) he or she consents to the making of a declaration under this section.
(5)On an application under this section the Court may, at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.
(6)Where on an application under this section the Attorney General requests to be made a party to the proceedings, the Court shall order that he or she shall be added as a party, and, whether or not he or she so requests, the Attorney General may argue before the Court any question in relation to the application which the Court considers necessary to have fully argued and take such other steps in relation thereto as he or she thinks necessary or expedient.
(7)The Court may direct that notice of any application under this section shall be given to such other persons as the Court thinks fit and where notice is so given to any person the Court may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings.
(8)In deciding whether or not to make a declaration under this section the Court shall, to the extent possible given his or her age or understanding, give the child the opportunity to make his or her views on the matter known, and shall have regard to those views.
(9)Where on an application under this section, the Court is satisfied that— (
  1. a)the child is a child to whom section 20 applies, and (
  2. b)where the child has not attained the age of 18 years, it is in the best interests of the child to make the declaration, it shall make a declaration that the applicant referred to in subsection
(2)(b) is a parent of the child.
(10)Any declaration made under this section shall be binding on the parties to the proceedings and any person claiming through a party to the proceedings, and where the Attorney General is made a party to the proceedings the declaration shall also be binding on the State. Declaration by Circuit Court of parentage of child to whom section 20 applies 22.
(1)The persons specified in subsection
(2)may apply to the Circuit Court for a declaration under this section that a person named in the application (in this section referred to as a “relevant person”) is the parent of a child to whom section 20 applies.
(2)An application for a declaration under this section may be made, in relation to a child to whom section 20 applies, by— (a) the child, (b) the mother of the child, or (c) the relevant person.
(3)The child to whom an application for a declaration under this section relates shall be joined as a party to the proceedings.
(4)Subsections
(5)to
(8)of section 21 apply, with all necessary modifications, to an application under this section as they apply to an application under that section.
(5)An application under this section shall be accompanied by evidence that— (
  1. a)the child concerned is a child to whom section 20 applies, and (
  2. b)the relevant person was, at the time referred to in section 20
(1)(c), an intending parent of the child concerned.
(6)Subject to subsection
(7), where on an application under this section it is proved on the balance of probabilities that— (
  1. a)the child concerned is a child to whom section 20 applies, and (
  2. b)the relevant person was, at the time referred to in section 20
(1)(c), an intending parent of the child concerned, the Circuit Court shall make a declaration that the relevant person is a parent of the child.
(7)The Circuit Court shall not make a declaration under subsection
(6)where it is satisfied that to do so— (
  1. a)would not be in the best interests of the child concerned, where the child has not attained the age of 18 years, or (
  2. b)would be contrary to the interests of justice.
(8)Any declaration made under this section shall be binding on the parties to the proceedings and any person claiming through a party to the proceedings, and where the Attorney General is made a party to the proceedings the declaration shall also be binding on the State. Effect of declaration under section 21 or 22 23. Where a person is declared under section 21 or 22 to be a parent of a child, from the date on which the declaration is made— (a) the person shall be deemed to be the parent, under section 5
(1)(b), of the child, (b) the person, referred to in section 20
(1)(d), who provided a gamete that was used in the DAHR procedure that resulted in the birth of the child— (
  1. i)is not the parent of the child, and (
  2. ii)has no parental rights or duties in respect of the child, and (
  3. c)a reference in any enactment to a mother, father or parent of a child shall be construed as not including, in relation to the child to whom the declaration relates, the person referred to in paragraph (b). PART 3 Donor-Assisted Human Reproduction Acquisition by operator of DAHR facility of gamete or embryo 24.
(1)The operator of a DAHR facility shall not acquire for use in a DAHR procedure a gamete provided by a donor unless, at the time of such acquisition, he or she also acquires the information specified in subsection
(3)in respect of the donor.
(2)The operator of a DAHR facility shall not acquire an embryo for use in a DAHR procedure or a further DAHR procedure unless, at the time of such acquisition, he or she also acquires the information specified in subsection
(3)in respect of— (
  1. a)the donor or, as the case may be, each donor of the embryo who provided a gamete that was used in the formation of the embryo, and (
  2. b)where applicable, the donor of a gamete that was used in the formation of the embryo.
(3)The information referred to in subsections
(1)and
(2), in relation to the donor concerned, is: (
  1. a)his or her name; (
  2. b)his or her date and place of birth; (
  3. c)his or her nationality; (
  4. d)the date on which, and the place at which, he or she provided the gamete; (
  5. e)his or her contact details. Performance of DAHR procedure 25.
(1)A person shall not perform a DAHR procedure unless the person is— (
  1. a)a registered medical practitioner, or (
  2. b)a registered nurse.
(2)A person shall not perform a DAHR procedure other than on the request of an intending parent.
(3)A person shall not perform a DAHR procedure on the request of an intending parent unless— (
  1. a)he or she has first obtained the following information in respect of that intending parent— (
  2. i)his or her name, (
  3. ii)his or her date of birth, and (iii) his or her address and contact details, and (
  4. b)the following applies: (
  5. i)where the intending mother is the only intending parent, she has consented under section 9 to the parentage under section 5 of a child born to her as a result of the procedure; (
  6. ii)where the intending parents are the intending mother and her husband, civil partner or cohabitant— (I) the intending mother has consented under section 9 to the parentage under section 5 of a child born as a result of the procedure, and her declaration under section 9
(1)(c) includes a statement referred to in section 9
(3)(d) in respect of the husband, civil partner or cohabitant concerned, and (II) the husband, civil partner or cohabitant concerned has consented under section 11 to being the parent, under section 5 , of a child born as a result of the procedure. Use of gamete or embryo in DAHR procedure 26.
(1)The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor unless— (a) the gamete has been acquired in accordance with section 24
(1), and (
  1. b)the donor of that gamete— (
  2. i)has consented under section 6 to the use of the gamete in a DAHR procedure, or (
  3. ii)where the gamete is acquired from outside the State, has consented to the use of the gamete in a DAHR procedure, where that consent is substantially the same as that provided for in section 6 .
(2)The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure or a further DAHR procedure an embryo unless— (a) it has acquired the embryo in accordance with section 24
(2), and (
  1. b)the donor, or as the case may be, each donor of the embryo— (
  2. i)has consented under section 14 or 16 , to the use of the embryo in a DAHR procedure or, as the case may be, a further DAHR procedure, or (
  3. ii)where the embryo is acquired from outside the State, has consented to the use of the embryo in a DAHR procedure or a further DAHR procedure, where that consent is substantially the same as that provided for in section 14 or, as the case may be, section 16 .
(3)The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor, where he or she has become aware that— (
  1. a)the consent of the donor under section 6 has been revoked under section 8 , or (
  2. b)in the case of a gamete to which subsection
(1)(b)(ii) or
(5)applies, the consent of the donor referred to in that subsection has been revoked.
(4)The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure or a further DAHR procedure an embryo where he or she has become aware that— (
  1. a)the consent of the donor under section 14 or, as the case may be, section 16 , has been revoked under section 18 , or (
  2. b)in the case of an embryo to which subsection
(2)(b)(ii) or
(6)applies, the consent of the donor referred to in that subsection has been revoked.
(5)Notwithstanding subsection
(1), for a period of 3 years from the date on which that subsection comes into operation, a gamete to which paragraph (
  1. a)of that subsection does not apply may be used in a DAHR procedure where— (
  2. a)the gamete concerned has been acquired before that date by the DAHR facility concerned, (
  3. b)the donor of the gamete has consented to the use of the gamete in a DAHR procedure, and (
  4. c)the intending parent is the parent of a child born as a result of a DAHR procedure performed before that date, where the gamete used in that procedure was provided by the same donor.
(6)Subsection
(2)(
  1. a)shall not apply to an embryo where— (
  2. a)the embryo was formed before the date on which the subsection comes into operation, (
  3. b)the embryo was acquired by the DAHR facility before that date, and (
  4. c)the donor or, as the case may be, each donor of the embryo has consented to the use of the embryo in a DAHR procedure or a further DAHR procedure.
(7)Where an embryo to which subsection
(6)applies is used in a DAHR procedure or a further DAHR procedure, nothing in this section shall operate to prevent the recording on the Register of the information specified in section 33
(3)(d) in respect of the donor from whose gamete the embryo was formed.
(8)The operator of a DAHR facility may use or permit to be used in a DAHR procedure an embryo that was formed before the date on which this subsection comes into operation, where— (
  1. a)the embryo has been formed for the purposes of the DAHR procedure, (
  2. b)the donor of the gamete that was used in the formation of the embryo has consented to the use of the gamete in a DAHR procedure, and (
  3. c)each person who, at the time of the formation of the embryo, was an intending parent, has consented under section 9 , or as the case may be, section 11 , to the parentage under section 5 of a child born as a result of the procedure. Intending parent to provide information to DAHR facility following DAHR procedure 27.
(1)Where a DAHR procedure is performed, the intending parent concerned shall, as soon as practicable after becoming aware of the fact, inform the operator of the DAHR facility concerned of the following: (
  1. a)whether the procedure has led to the pregnancy of the intending mother; (
  2. b)where the procedure has led to the pregnancy of the intending mother, the date on which the intending mother is expected to give birth.
(2)Where subsection
(1)(
  1. b)applies, the intending parent concerned shall, as soon as practicable after the pregnancy of the intending mother has come to an end, inform the DAHR facility concerned of— (
  2. a)whether the pregnancy resulted in the birth of a live child, and (
  3. b)where the pregnancy resulted in the birth of a live child, the name, date and place of birth, sex and address of the child.
(3)Where an intending parent does not comply with subsection
(1)or
(2), the operator of the DAHR facility concerned shall contact the intending parent concerned in order to obtain the information referred to in the subsection concerned.
(4)Where an intending parent provides an operator of a DAHR facility with the information referred to in subsection
(2)(b), the operator shall furnish the intending parent with a certificate under subsection
(5).
(5)A certificate under this subsection shall be in such form as may be prescribed and shall state— (
  1. a)that a DAHR procedure was performed at the DAHR facility on the request of the intending parent or parents, and the date on which procedure was performed, (
  2. b)in relation to the procedure referred to in paragraph (a), whether— (
  3. i)one gamete provided by a donor was used in the procedure and, if so, whether that gamete was a human egg or a human sperm, (
  4. ii)each gamete used in the procedure was provided by a donor, or (iii) an embryo provided by a donor was used in the procedure, (
  5. c)whether— (
  6. i)the gamete referred to in paragraph (
  7. b)that was provided by a donor was one to which section 26
(1)or, as the case may be, section 26
(5), applied, or (ii) where applicable, the embryo referred to in paragraph (b)(iii) was one to which subsection
(2)or
(6)of section 26 applied, (
  1. d)that the intending mother concerned consented, under section 9 , to the parentage under section 5 of a child born as a result of the procedure, and (
  2. e)where applicable, that the husband, civil partner or cohabitant of the intending mother consented under section 11 to being the parent of a child born as a result of the procedure. DAHR facility to retain and provide certain information 28.
(1)An operator of a donation facility shall retain— (
  1. a)a written consent of a person made under section 6 , and (
  2. b)a record of the revocation, under section 8 , by a person referred to in paragraph (
  3. a)of his or her consent.
(2)An operator of a DAHR facility shall retain— (
  1. a)a written consent of a person made under section 9 , 11 , 14 or 16 , and (
  2. b)a record of the revocation, under section 10 , 12 or 18 , as the case may be, by a person referred to in paragraph (
  3. a)of his or her consent.
(3)Where a DAHR procedure is performed at a DAHR facility, the operator of the facility shall retain a record of— (
  1. a)all information acquired under section 24 in respect of the donor concerned, and (
  2. b)all information obtained under section 25
(3)(a) in respect of the intending parent concerned.
(4)The operator of a DAHR facility referred to in subsection
(3)shall provide the Minister, for the purpose of the performance by the Minister of his or her functions under section 33 , with the following information: (
  1. a)that a DAHR procedure has been performed at the DAHR facility at the request of the intending parents; (
  2. b)the information referred to in subsection
(3)in respect of the donor and the intending parent; (
  1. c)where known to the operator— (
  2. i)whether the procedure has led to the pregnancy of the intending mother, and (
  3. ii)where the procedure has resulted in the pregnancy of the intending mother, the date on which the intending mother is expected to give birth or, where applicable, the information specified in subsection
(5).
(5)Where the pregnancy of the intending mother referred to in subsection
(4)(c)(
  1. i)has come to an end, the information to be provided under that subsection is the following: (
  2. a)whether the pregnancy resulted in the birth of a live child; (
  3. b)where the pregnancy resulted in the birth of a live child, the name, date and place of birth, sex and address of the child.
(6)Subject to subsection
(7), the information referred to in subsection
(4)shall be provided to the Minister, in relation to each DAHR procedure performed at the DAHR facility, on each of the following dates— (
  1. a)on a date that is no later than 6 months after the performance of the procedure concerned, and (
  2. b)on a date that is no earlier than 12 months and no later than 13 months after the performance of the procedure concerned.
(7)Where the operator of a DAHR facility becomes aware of an error in information provided by it under subsection
(4), he or she shall without delay inform the Minister of the error and provide the Minister with corrected information. Minister may require information on compliance by DAHR facility with section 28 29. The Minister may require the operator of a DAHR facility to provide him or her with any information that he or she needs to determine whether the operator is in compliance with his or her obligations under section 28 . Authorised persons 30.
(1)The Minister may appoint such and so many persons as he or she considers appropriate to be an authorised person or authorised persons for the purposes of ensuring compliance by the operator of a DAHR facility with his or her obligations under section 28 .
(2)A person appointed to be an authorised person under this section shall on his or her appointment be furnished by the Minister with a warrant of his or her appointment, and when exercising a power conferred by this Act shall, if requested by any person thereby affected, produce such warrant to that person for inspection. Powers of authorised persons 31.
(1)For the purposes of this Act, an authorised person may— (a) subject to subsection
(3), enter and inspect at all reasonable times any premises— (
  1. i)which he or she has reasonable grounds for believing are being used as a DAHR facility, or (
  2. ii)at which he or she has reasonable grounds for believing records or documents relating to a DAHR facility are being kept, (
  3. b)at such premises inspect and take copies of, any books, records or other documents (including books, records or documents stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection, (
  4. c)remove any such books, documents or records from such premises and detain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act, (
  5. d)require— (
  6. i)the operator of the DAHR facility, or (
  7. ii)any person at the premises concerned, including the owner or person in charge of that place or premises, to give the authorised person such information and assistance as the authorised person may reasonably require for the purposes of his or her functions under this Act, (
  8. e)require— (
  9. i)the operator of the DAHR facility, or (
  10. ii)any persons at the premises concerned, including the owner or person in charge of that place or premises, to produce to the authorised person such books, documents or other records (and in the case of documents or records stored in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as he or she may reasonably require for the purposes of his or her functions under this Act, and (
  11. f)examine with regard to any matter under this Act any person whom the authorised person has reasonable grounds for believing to be— (
  12. i)the operator of a DAHR facility, or (
  13. ii)to be employed at a DAHR facility, and require the person to answer such questions as the authorised person may ask relative to those matters and to make a declaration of the truth of the answers to those questions.
(2)When performing a function under this Act, an authorised person may, subject to any warrant under subsection
(4), be accompanied by such number of other authorised persons or members of the Garda Síochána as he or she considers appropriate.
(3)An authorised person shall not enter a dwelling, other than— (
  1. a)with the consent of the occupier, or (
  2. b)pursuant to a warrant under subsection
(4).
(4)Upon the sworn information of an authorised person, a judge of the District Court may— (
  1. a)for the purposes of enabling an authorised person to carry out an inspection of premises that the authorised person has reasonable grounds for believing are being used as a DAHR facility, or (
  2. b)if satisfied that there are reasonable grounds for believing that information, books, documents or other records (including information, books, documents or records stored in non-legible form) required by an authorised person under this section is or are held in any place or premises, issue a warrant authorising a named authorised person accompanied by such other authorised persons or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter the dwelling and perform the functions of an authorised person under subsection
(1).
(5)A person commits an offence if he or she— (a) obstructs or interferes with an authorised person or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under subsection
(4)or impedes the exercise by the person or member, as the case may be, of such power, or (b) fails or refuses to comply with a request or requirement of, or to answer a question asked by, the person or member pursuant to this section, or in purported compliance with such request or requirement or in answer to such question gives information to the person or member that he or she knows to be false or misleading in any material respect.
(6)Where an authorised person believes, upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.
(7)A statement or admission made by a person pursuant to a requirement under subsection
(1)(
  1. d)or (
  2. f)shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection
(5)).
(8)A person who commits an offence under this section is liable— (
  1. a)on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, and (
  2. b)on conviction on indictment to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both. Enforcement of obligations of DAHR facility under section 28 32.
(1)Where the Minister is satisfied that the operator of a DAHR facility is not in compliance with his or her obligations under section 28, the Minister may— (
  1. a)issue to the operator a direction requiring him or her to comply with such of the obligations as are specified in the direction, or (
  2. b)apply to the Circuit Court for an order under subsection
(3).
(2)Where the Minister is satisfied that the operator of DAHR facility to which he or she has issued a direction under subsection
(1)(a) is not in compliance with that direction, the Minister may apply to the Circuit Court for an order under subsection
(3).
(3)The Circuit Court, on an application under subsection
(1)(b) or
(2), as the case may be, where satisfied that the operator of the DAHR facility concerned is not in compliance with his or her obligations under section 28 , may make an order directing the operator to comply with those obligations.
(4)Where the Minister is satisfied that the operator of a DAHR facility who is the subject of an order under subsection
(3)is not in compliance with the order, the Minister may apply to the Circuit Court for an order under subsection
(5).
(5)The Circuit Court, on an application under subsection
(4), where satisfied that the operator of the DAHR facility is not in compliance with an order under subsection
(3), may make an order prohibiting or restricting the performance at the DAHR facility of DAHR procedures until such time as the operator of the DAHR facility satisfies the Court of his or her ability to comply with his or her obligations under section 28 .
(6)The operator of a DAHR facility may, within 21 days from the date of the order, appeal an order of the Circuit Court under subsection
(5)to the High Court on a point of law and the determination of the High Court on such an appeal in respect of the point of law shall be final and conclusive. National Donor-Conceived Person Register 33.
(1)The Minister shall cause to be established and maintained a register to be known as the National Donor-Conceived Person Register.
(2)The Minister shall make an entry in the Register in respect of each child born in the State as the result of a DAHR procedure.
(3)An entry under subsection
(2)shall contain the following particulars: (
  1. a)the name, date and place of birth and sex of the child; (
  2. b)the address of the child; (
  3. c)the information in respect of the parent of the child, as provided to the Minister under section 28 ; (
  4. d)the information in respect of the donor concerned, as provided to the Minister under section 28 ; (
  5. e)the date on which the DAHR procedure that resulted in the birth of the child was performed; (
  6. f)the name and address of the DAHR facility at which the DAHR procedure referred to in paragraph (
  7. e)was performed.
(4)The Minister may prescribe the manner in which the information specified in subsection
(3)is to be recorded on the Register. Access to certain information from Register 34.
(1)A donor-conceived child who has attained the age of 18 years, or the parent of a donor-conceived child who has not attained the age of 18 years, may request the Minister to provide him or her with the following information from the Register: (
  1. a)information other than the relevant donor’s name, date of birth and contact details, that is recorded on the Register in respect of the relevant donor; (
  2. b)the number of persons who have been born as a result of the use in a DAHR procedure of a gamete donated by the relevant donor, and the sex and year of birth of each of them.
(2)A donor may request the Minister to provide him or her with information from the Register on the number of persons who have been born as a result of the use in a DAHR procedure of a gamete donated by the donor, and the sex and year of birth of each of them.
(3)The Minister shall comply with a request made in accordance with subsection
(1)or
(2). Information in respect of relevant donor to be provided to donor-conceived child 35.
(1)A donor-conceived child who has attained the age of 18 years may request from the Minister the name, date of birth and contacts details of a relevant donor, as recorded in the Register.
(2)Where the Minister receives a request under subsection
(1), he or she shall send to the relevant donor a notice informing him or her that— (a) a request under subsection
(1)has been made by the donor-conceived child, and (b) the Minister shall, 12 weeks from the date on which the notice is sent, release to the donor-conceived child the information requested, unless the relevant donor makes representations to the Minister setting out why the safety of the relevant donor or the donor-conceived child, or both, requires that the information not be released.
(3)Where a relevant donor to whom subsection
(2)applies makes representations to the Minister in accordance with that subsection, the Minister shall consider those representations, having regard to the right of the donor-conceived child to his or her identity, and— (a) if satisfied that sufficient reasons exist to withhold the information concerned from the donor-conceived child, shall refuse the request under subsection
(1)and notify the donor-conceived child of the refusal and, in doing so, may inform him or her of the content of the representations of the relevant donor under subsection
(2), or (b) if not so satisfied, shall release the information to the donor-conceived child concerned.
(4)Where a relevant donor to whom subsection
(2)applies does not make representations in accordance with that subsection, the Minister shall release the information to the donor-conceived child concerned.
(5)A donor-conceived child may, within 21 days of receipt of the notification under subsection
(3)(a), appeal to the Circuit Court against the Minister’s refusal of his or her request under subsection
(1).
(6)An appeal under subsection
(5)shall— (
  1. a)be on notice to the Minister, and (
  2. b)be heard otherwise than in public. Information in respect of donor-conceived child to be provided to relevant donor 36.
(1)A donor-conceived child who has attained the age of 18 years may request the Minister to record on the Register a statement of his or her name, date of birth and contact details and confirming that he or she consents, on the making by the relevant donor of a request under subsection
(2), to the release, in accordance with this section, to the relevant donor of that information.
(2)A donor may request from the Minister the name, date of birth and contact details of a donor-conceived child who has attained the age of 18 years and in relation to whom he or she is a relevant donor.
(3)Where the Minister receives a request under subsection
(2), and a statement under subsection
(1)by the donor-conceived child is recorded on the Register, the Minister shall send the donor-conceived child a notice informing him or her that— (a) a request under subsection
(2)has been made by the relevant donor, and (b) unless he or she informs the Minister, within 12 weeks from the date on which the notice is sent, that he or she objects to the release to the relevant donor of the information contained in the statement under subsection
(1), the Minister shall release that information to the relevant donor.
(4)Where a donor-conceived child to whom a notice under subsection
(3)has been sent does not, in accordance with that subsection, object to the release of the information concerned, the Minister shall release that information to the relevant donor concerned. Information in respect of other persons to be provided to donor-conceived child 37.
(1)A donor-conceived child who has attained the age of 18 years may request the Minister to record on the Register a statement of his or her name, date of birth and contact details and confirming that he or she consents, on the making by a person of a request under subsection
(2), to the release, in accordance with this section, to that person of that information.
(2)A donor-conceived child who has attained the age of 18 years (in this section referred to as a “requesting person”) may request from the Minister the name, date of birth and contact details of a relevant person.
(3)Where the Minister receives a request under subsection
(2), and the donor-conceived child to whom the requested information relates has made a statement under subsection
(1)that is recorded on the Register, the Minister shall send the donor- conceived child a notice informing him or her that— (a) a request under subsection
(2)has been made by the requesting person, and (b) unless the donor-conceived child informs the Minister, within 12 weeks of the date of the sending of the notice, that he or she objects to the release to the requesting person of the information contained in the statement under subsection
(1), the Minister shall release that information to the requesting person.
(4)Where a donor-conceived child to whom a notice under subsection
(3)has been sent does not, in accordance with that subsection, object to the release of the information concerned, the Minister shall release that information to the requesting person.
(5)In this section, “relevant person” means, in relation to a requesting person, a donor-conceived child in relation to whom a relevant donor is also a relevant donor in relation to the requesting person. Additional provision in relation to sections 33 to 37 38.
(1)Where information relating to a person is, in accordance with sections 33 to 37 , recorded on the Register, that person (or, in the case of a person who has not attained the age of 18 years, his or her parent or guardian) may request the Minister to update the information concerned.
(2)The Minister shall not— (a) record on the Register a statement made by a person under section 36
(1)or 37
(1), or (b) release information to a person in response to a request under section 35 , 36 , or 37 , unless the Minister is satisfied that the person has received counselling on the implications of his or her recording such a statement or, as the case may be, receiving such information. Interaction of Register and register of births 39.
(1)Where the Minister makes an entry under section 33
(2), he or she shall notify an tArd-Chláraitheoir that the Minister holds a record in the Register in respect of the child concerned.
(2)Where an tArd-Chláraitheoir receives a notification under subsection
(1), he or she shall note in the entry in the register of births in respect of the child that the child is a donor-conceived child and that additional information is available from the Register in relation to the child.
(3)A note referred to in subsection
(2)shall be released only to the child concerned, when he or she has attained the age of 18 years.
(4)Where a person who has attained the age of 18 years applies for a copy of his or her birth certificate, and the register of births contains a note referred to in subsection
(2), an tArd-Chláraitheoir shall, when issuing a copy of the birth certificate requested, inform the person that further information relating to him or her is available from the Register. Jurisdiction (Parts 2 and 3) 40.
(1)The jurisdiction conferred on the District Court by section 21 shall be exercised by— (
  1. a)a judge of the District Court who is assigned to the district court district in which an applicant under that section ordinarily resides or carries on any profession, business or occupation, or (
  2. b)where no applicant under that section ordinarily resides or carries on any profession, business or occupation in the State, a judge who is assigned to the Dublin Metropolitan District.
(2)The jurisdiction conferred on the Circuit Court by sections 22 and 35 shall be exercised by— (
  1. a)the judge of the circuit in which an applicant under the section concerned ordinarily resides or carries on any profession, business or occupation, or (
  2. b)where no applicant under the section concerned ordinarily resides or carries on any profession, business or occupation in the State, by a judge of the court for the time being assigned to the Dublin Circuit.
(3)The jurisdiction conferred on the Circuit Court by section 32 shall be exercised by the judge of the circuit in which the DAHR facility concerned is located. Regulations (Parts 2 and 3) 41.
(1)The Minister may make regulations prescribing any matter or thing which is referred to in Part 2 or this Part as prescribed or to be prescribed.
(2)Regulations under Part 2 or this Part may contain such incidental, supplementary and consequential provisions as the Minister considers necessary or expedient for the purposes of the regulations.
(3)Regulations made under Part 2 or this Part shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling those regulations is passed by either such House within the next 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Service of documents (Parts 2 and 3) 42.
(1)A notice or other document that is required to be served on or given to a person under Part 2 or this Part shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways: (
  1. a)by delivering it to the person; (
  2. b)by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or (
  3. c)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(2)For the purpose of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business. PART 4 Amendments to Guardianship of Infants Act 1964 Amendment of section 2 of Act of 1964 43. Section 2 of the Act of 1964 is amended— (a) in subsection
(1)by— (
  1. i)the substitution of the following definition for the definition of “adoption order”: “ ‘adoption order’ has the same meaning as it has in the Adoption Act 2010 ;”, (
  2. ii)the substitution of the following definition for the definition of “father”: “ ‘father’ includes a male adopter under an adoption order but subject to section 11
(4), does not include the father of a child who has not married that child’s mother unless— (
  1. a)an order under section 6A is in force in respect of that child, (
  2. b)the circumstances set out in subsection
(3)of this section apply, (c) the circumstances set out in subsection
(4)of this section apply, (
  1. d)the circumstances set out in subsection (4A) of this section apply, or (
  2. e)the father is a guardian of the child by virtue of section 6D;”, (iii) the substitution of the following definition for the definition of “parent”: “ ‘parent’ means— (
  3. a)subject to paragraph (b), a father or mother as defined by this subsection, and (
  4. b)in relation to a donor-conceived child, the parent or parents of that child under section 5 of the Act of 2015;”, and (
  5. iv)the insertion of the following definitions: “ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; ‘Act of 2015’ means the Children and Family Relationships Act 2015; ‘civil partner’ shall be construed in accordance with section 3 of the Act of 2010; ‘cohabitant’ shall be construed in accordance with section 172
(1)of the Act of 2010; ‘donor-conceived child’ has the meaning it has in Part 2 of the Act of 2015; ‘enactment’ means a statute or an instrument made under a power conferred by statute; ‘enforcement order’ shall be construed in accordance with section 18A
(1); ‘qualifying guardian’, in relation to a child, means a person who is a guardian of that child and who— (
  1. a)is the parent of the child and has custody of him or her, or (
  2. b)not being a parent of the child has custody of him or her to the exclusion of any living parent of the child; ‘Minister’ means the Minister for Justice and Equality; ‘relative’, in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child;”, (
  3. b)in subsection
(4)— (
  1. i)in paragraph (c), by the deletion of “child,” and substitution of “child, and”, and (
  2. ii)by the deletion of paragraph (d), and (
  3. c)by the insertion after subsection
(4)of the following: “(4A) The circumstances referred to in paragraph (d) of the definition of ‘father’ in subsection
(1)are that the father and mother of the child concerned— (
  1. a)have not married each other, and (
  2. b)have been cohabitants for not less than 12 consecutive months occurring after the date on which this subsection comes into operation, which shall include a period, occurring at any time after the birth of the child, of not less than three consecutive months during which both the mother and father have lived with the child.”. References in enactments to guardians appointed under section 6C or 6E 44. The Act of 1964 is amended by the insertion of the following section after section 2: “References in enactments to guardians appointed under section 6C or 6E 2A.
(1)Subject to subsection
(2), a reference in a provision of an enactment specified in section 6C
(12)to a person who is a guardian of a child pursuant to this Act shall include a reference to a person who is appointed as guardian of the child under that section if the court so appointing the person orders that he or she is to enjoy the rights and responsibilities of a guardian under the provision concerned.
(2)Subsection
(1)shall apply subject to such limitations (if any) as may be specified under section 6C
(9)in the order of the court under that section appointing the person concerned as guardian of the child concerned.
(3)A reference in a provision of an enactment to a person who is a guardian of a child pursuant to this Act shall, in the case of a temporary guardian appointed under section 6E, be construed subject to such limitations (if any) as are imposed under subsection
(6)or
(11)of that section on the exercise by him or her of the rights and responsibilities of a guardian under the provision.”. Best interests of child to be paramount 45. The Act of 1964 is amended by the substitution of the following section for section 3: “3.
(1)Where, in any proceedings before any court, the— (
  1. a)guardianship, custody or upbringing of, or access to, a child, or (
  2. b)administration of any property belonging to or held on trust for a child or the application of the income thereof, is in question, the court, in deciding that question, shall regard the best interests of the child as the paramount consideration.
(2)In proceedings to which subsection
(1)applies, the court shall determine the best interests of the child concerned in accordance with Part V.”. Amendment of section 5
(2)of Act of 1964 46. Section 5
(2)of the Act of 1964 is amended by the substitution of “at a rate greater than €150 per week towards the maintenance of a child or a lump sum order greater than €15,000 for the benefit of a child”, for “at a rate greater than €150 per week towards the maintenance of a child”. Amendment of section 6 of Act of 1964 47. Section 6 of the Act of 1964 is amended— (a) by the insertion of the following subsection after subsection
(1): “(1A) Where civil partners or a cohabiting couple have jointly adopted a child under an adoption order the civil partners or cohabiting couple, as the case may be, shall be guardians of the child jointly.”, (b) by the insertion of the following subsection after subsection
(3): “(3A) (
  1. a)On the death of a civil partner who has jointly adopted a child with their civil partner, the other civil partner, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased civil partner or by the court. (
  2. b)On the death of one cohabitant of a cohabiting couple who have jointly adopted a child, the other cohabitant, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased cohabitant or by the court.”, (
  3. c)by the substitution of the following subsection for subsection
(4): “
(4)Subject to subsection (1A), where the mother of a child has not married the child’s father, and no other person is, under this Act, the guardian of the child, she, while living, shall alone be the guardian of the child.”, and (d) by the insertion of the following subsection after subsection
(4): “
(5)In this section, ‘cohabiting couple’ has the same meaning as it has in the Adoption Act 2010 .”. Amendment of section 6A of Act of 1964 48. The Act of 1964 is amended by the substitution of the following section for section 6A: “Power of court to appoint parent as guardian 6A.
(1)The court may, on an application to it by a person who, being a parent of the child, is not a guardian of the child, make an order appointing the person as guardian of the child.
(2)Without prejudice to other provisions of this Act, the appointment under this section of a guardian shall not, unless the court otherwise orders, affect the prior appointment (whether under this or any other enactment) of any other person as guardian of the child.”. Insertion in Act of 1964 of sections 6B to 6E 49. The Act of 1964 is amended by the insertion of the following sections after section 6A: “Rights of certain parents to guardianship 6B.
(1)A man who— (a) is, under section 5
(1)(
  1. b)of the Act of 2015, the parent of the child, and (
  2. b)has married the mother of the child, shall be a guardian of the child.
(2)A person, other than a person to whom subsection
(1)applies, who, along with the mother of the child is, under section 5 of the Act of 2015, the parent of a child shall be a guardian of the child where— (
  1. a)the person has entered into a civil partnership with the mother, (
  2. b)the circumstances in subsection
(3)apply, or (c) the circumstances in subsection
(4)apply.
(3)The circumstances referred to in subsection
(2)(b) are that the person and the mother of the child concerned have been cohabitants for not less than 12 consecutive months occurring after the date on which this subsection comes into operation, which shall include a period, occurring at any time after the birth of the child, of not less than three consecutive months during which both the mother and the person have lived with the child.
(4)The circumstances referred to in subsection
(2)(
  1. c)are that the person and the mother of the child concerned— (
  2. a)declare that they are the parents, under section 5 of the Act of 2015, of the child concerned, (
  3. b)declare that they agree to the appointment of the person as a guardian of the child, and (
  4. c)have made a statutory declaration to that effect in a form prescribed by the Minister. Power of court to appoint person other than parent as guardian 6C.
(1)The court may, on an application to it by a person who, not being a parent of the child, is eligible under subsection
(2)to make such application, make an order appointing the person as guardian of a child.
(2)A person is eligible to make an application referred to in subsection
(1)where he or she is over the age of 18 years and— (
  1. a)on the date of the application, he or she— (
  2. i)is married to or is in a civil partnership with, or has been for over 3 years a cohabitant of, a parent of the child, and (
  3. ii)has shared with that parent responsibility for the child’s day-to-day care for a period of more than 2 years, or (
  4. b)on the date of the application— (
  5. i)he or she has provided for the child’s day-to-day care for a continuous period of more than 12 months, and (
  6. ii)the child has no parent or guardian who is willing or able to exercise the rights and responsibilities of guardianship in respect of the child.
(3)An application under subsection
(1)shall be on notice to each person who is a parent or guardian of the child concerned.
(4)Where a person to whom subsection
(2)(b) applies makes an application under subsection
(1), the court shall direct that the Child and Family Agency be put on notice of the application, and have regard to the views (if any) of the Agency in deciding whether or not to make an order under subsection
(1).
(5)Without prejudice to other provisions of this Act, the appointment under this section of a guardian shall not, unless the court otherwise orders, affect the prior appointment (whether under this or any other enactment) of any other person as guardian of the child.
(6)Subject to subsection
(7), an order under subsection
(1)shall not be made under this section without the consent of— (
  1. a)each guardian of the child, and (
  2. b)the applicant concerned.
(7)The court may make an order dispensing, for the purposes of this section, with the consent of a guardian of the child, if it is satisfied that the consent is unreasonably withheld and that it is in the best interests of the child to make such an order.
(8)In deciding whether or not to make an order under this section, the court shall— (
  1. a)ensure that the child concerned, to the extent possible given his or her age and understanding, has the opportunity to make his or her views on the matter known, and have regard to those views, and (
  2. b)have regard to the number of persons who are guardians of the child concerned, and the degree to which those persons are involved in the upbringing of the child.
(9)Where the court appoints under this section a person as guardian of a child, and one or both of the parents of that child are still living, the person so appointed shall enjoy the rights and responsibilities of a guardian specified in subsection
(11)only— (
  1. a)where the court expressly so orders, and (
  2. b)to the extent specified in the order and in the case of the rights and responsibilities specified in any of paragraphs (
  3. a)to (
  4. e)of that subsection, subject to such limitations as are specified in the order.
(10)In deciding whether to exercise its power under subsection
(9), the court shall have regard to— (
  1. a)the relationship between the child concerned and the person appointed as guardian of the child, and (
  2. b)the best interests of the child.
(11)The rights and responsibilities referred to in subsection
(9)are the rights and responsibilities of a guardian: (
  1. a)to decide on the child’s place of residence; (
  2. b)to make decisions regarding the child’s religious, spiritual, cultural and linguistic upbringing; (
  3. c)to decide with whom the child is to live; (
  4. d)to consent to medical, dental and other health related treatment for the child, in respect of which a guardian’s consent is required; (
  5. e)under an enactment specified in subsection
(12); (f) to place the child for adoption, and consent to the adoption of the child, under the Adoption Act 2010 .
(12)The enactments referred to in subsection
(11)(
  1. e)are: (
  2. a)section 2A
(2)of the Firearms Act 1925; (
  1. b)section 5 of the Protection of Young Persons (Employment) Act 1996 ; (
  2. c)sections 50 and 50A of the International Criminal Court Act 2006 ; (
  3. d)sections 79 , 79A and 79B of the Criminal Justice (Mutual Assistance) Act 2008 ; (
  4. e)section 14 of the Passports Act 2008 ; (
  5. f)the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 . Rights and responsibilities equivalent to guardianship arising in another state 6D.
(1)Subject to this section, a person shall be the guardian of a child where he or she has— (
  1. a)pursuant to a judgment that is entitled to recognition in accordance with the provisions of the Council Regulation or the Convention, (
  2. b)pursuant to a measure that is entitled to recognition in accordance with the provisions of the Convention, or (
  3. c)by operation of the law of a state other than the State as provided for in Chapter III of the Convention, acquired, in respect of the child, rights and responsibilities that are equivalent to guardianship.
(2)The court may, in accordance with this Act and, where applicable, the Council Regulation and the Convention, remove, vary or enforce the rights and responsibilities of a guardian to whom subsection
(1)applies.
(3)In this section— ‘Convention’ means the Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children, signed at the Hague on the 19th day of October, 1996; ‘Council Regulation’ means Council Regulation (EC) No. 2201/2003 of 27 November 2003 1 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000; ‘judgment’ means a judgment as defined in Chapter I of Article 2 of the Council Regulation; ‘measure’ means a judgment or decision which is made in accordance with Chapter II of the Convention; ‘person’ includes a person, institution or other body. Power of court to appoint temporary guardian 6E.
(1)A qualifying guardian may nominate a person to be, in the event that the qualifying guardian becomes incapable through serious illness or injury of exercising the rights and responsibilities of guardianship, temporary guardian of the child concerned.
(2)The nomination under subsection
(1)of a person to be a temporary guardian shall— (
  1. a)be in writing, in such form as may be prescribed, and (
  2. b)specify such limitations (if any) as the qualifying guardian wishes to impose on the rights and responsibilities of guardianship that the temporary guardian, if appointed under this section, may exercise.
(3)Where a qualifying guardian who has nominated a person under subsection
(1), or a person so-nominated (in this section referred to as the ‘nominated person’), is of opinion that the qualifying guardian is incapable through serious illness or injury of exercising the rights and responsibilities of guardianship, that guardian or nominated person may apply to the court for an order under this section.
(4)An application under subsection
(3)shall be on notice to— (
  1. a)each guardian of the child, including, where the application is made by the nominated person, the qualifying guardian concerned, (
  2. b)where the application is made by the qualifying guardian concerned, the nominated person, (
  3. c)a parent (if any) of the child who is not the child’s guardian, and (
  4. d)the Child and Family Agency.
(5)The court, on hearing an application under subsection
(3), and having regard to the views (if any) of the persons referred to in subsection
(4), may make an order appointing the nominated person to be a temporary guardian of the child concerned where, and only where, it is satisfied that— (
  1. a)the qualifying guardian concerned is incapable through serious illness or injury of exercising the rights and responsibilities of guardianship, (
  2. b)the nominated person is a fit and proper person to exercise the rights and responsibilities specified in subsection
(8), and (c) it is in the best interests of the child concerned for the nominated person to become the temporary guardian of the child.
(6)An order under subsection
(5)may impose— (
  1. a)such limitations on the exercise by the temporary guardian of the rights and responsibilities of guardianship, and (
  2. b)such conditions relating to the periodic review by the court of the appointment of the person as temporary guardian, as the court considers necessary in the best interests of the child concerned.
(7)In imposing limitations or conditions under subsection
(6), the court shall have regard to the limitations specified by the qualifying guardian under subsection
(2).
(8)Subject to the terms of the order concerned under subsection
(5), a person appointed to be temporary guardian— (
  1. a)may exercise the rights and responsibilities of guardianship in respect of the child concerned, (
  2. b)shall take custody of the child concerned, and (
  3. c)shall act jointly with any other guardian of the child concerned, including the qualifying guardian concerned.
(9)A temporary guardian shall, and the qualifying guardian concerned may, where he or she is of opinion that the qualifying guardian is no longer incapable of exercising the rights and responsibilities of guardianship, apply to the court for an order under subsection
(11).
(10)An application under subsection
(9)shall be on notice to— (
  1. a)each guardian of the child concerned, including, where the application is made by a temporary guardian, the qualifying guardian concerned, (
  2. b)any parent of the child who is not the child’s guardian, and (
  3. c)the Child and Family Agency.
(11)The court, on hearing an application under subsection
(9), may make an order— (
  1. a)confirming that the appointment of the temporary guardian shall continue in force, (
  2. b)to the effect that the qualifying guardian is capable of exercising the rights and responsibilities of guardianship and revoking the appointment of the temporary guardian, or (
  3. c)to the effect that the qualifying guardian shall have specified rights and responsibilities of guardianship and that the other rights and responsibilities of guardianship shall be exercised by the qualifying guardian and temporary guardian jointly.
(12)An order under subsection
(11)may— (
  1. a)specify the period for which it shall remain in effect, (
  2. b)impose such conditions relating to the periodic review by the court of the order as the court considers necessary in the best interests of the child concerned, and (
  3. c)provide for such additional matters as the court considers necessary in the best interests of the child concerned.
(13)In considering an application under subsection
(3)or
(9), the court shall ensure that the child concerned, to the extent possible given his or her age and understanding, has the opportunity to make his or her views on the matter known, and the court shall take account of those views. Declaration that person is guardian 6F.
(1)A person specified in subsection
(2)may apply to the court for a declaration under this section that a person named in the application is or is not a guardian by virtue of the circumstances set out in section 2(4A) or 6B
(3)of a child named in the application (in this section referred to as the ‘child concerned’).
(2)An application for a declaration under this section may be made, in relation to a child concerned, by— (
  1. a)a guardian of the child concerned, or (
  2. b)a person seeking a declaration that he or she is or is not a guardian by virtue of the circumstances set out in section 2(4A) or 6B
(3)of the child concerned.
(3)An application for a declaration under this section shall not be made in relation to a child concerned other than— (a) where the application is made by a person referred to in subsection
(2)(a), on notice to each other guardian of the child and the person named in the application in relation to whom the declaration is sought, and (b) where the application is made by a person referred to in subsection
(2)(b), on notice to each guardian of the child.
(4)The court may direct that notice of any application for a declaration under this section shall be given to such other persons as the court thinks fit and where notice is so given or where notice is given under subsection
(3)to any person the court may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings.
(5)Where on an application for a declaration under this section it is proved on the balance of probabilities that a person named in the application is or is not a guardian by virtue of the circumstances set out in section 2(4A) or 6B
(3)of the child concerned, the court shall make the declaration accordingly.”. Power of parents to appoint testamentary guardians 50. The Act of 1964 is amended by the substitution of the following section for section 7: “Power of parents to appoint testamentary guardians 7.
(1)On the death of the guardian (‘deceased guardian’) of a child, a guardian (‘surviving guardian’) surviving the deceased guardian, if any, shall be guardian of the child jointly, where applicable, with— (
  1. a)any other surviving guardian, and (
  2. b)any person or persons appointed testamentary guardian by the deceased guardian in accordance with this section.
(2)A guardian who is— (
  1. a)the parent of a child, or (
  2. b)not being the parent of the child, has custody of him or her to the exclusion of any living parent of the child, may by deed or will appoint a person or persons to be guardian (‘testamentary guardian’) of the child after his or her death.
(3)On the death of a guardian referred to in subsection
(2), the testamentary guardian appointed by the deceased guardian shall, subject to subsections
(4)and
(5), act jointly with a surviving guardian of the child so long as that surviving guardian remains alive.
(4)Where subsection
(3)applies and— (
  1. a)a surviving guardian referred to in that subsection objects to a testamentary guardian acting jointly with him or her, or (
  2. b)the testamentary guardian considers that a surviving guardian is unfit to have the custody of the child, the surviving guardian or the testamentary guardian, as the case may be, may apply to the court for an order under this section.
(5)On an application under subsection
(4), the court may make an order providing that— (
  1. a)the appointment of the testamentary guardian is revoked and the surviving guardian shall remain guardian of the child concerned, (
  2. b)the testamentary guardian shall act jointly with the surviving guardian, or (
  3. c)the testamentary guardian shall act as guardian of the child to the exclusion, insofar as the court thinks proper, of the surviving guardian.
(6)Where the court makes an order under subsection
(5)(c), it may make all or any of the following orders: (
  1. a)such order regarding the custody of the child and the right of access to the child of the surviving guardian as it thinks proper; (
  2. b)an order that a parent of the child shall pay to the guardian or guardians, or any of them, towards the maintenance of the child such weekly or other periodical sum as, having regard to the means of the surviving parent, it considers reasonable.
(7)An appointment of a testamentary guardian by deed may be revoked by a subsequent deed or by will.”. Amendment of section 8 of Act of 1964 51. Section 8 of the Act of 1964 is amended by— (a) the substitution of the following subsection for subsection
(4): “
(4)A guardian— (
  1. a)appointed by will or deed, (
  2. b)appointed by order of the court, (
  3. c)holding office by virtue of the circumstances set out in subsection
(4)or (4A) of section 2, or subsection
(3)or
(4)of section 6B, or (d) holding office by virtue of section 6D, and subject to subsection
(2)of that section, may be removed from office only by the court.”, and (b) the insertion of the following subsections after subsection
(5): “
(6)The court may, on application by a guardian or a proposed guardian make an order removing from office a guardian (including a guardian who is the applicant)— (a) appointed pursuant to section 6A, 6C, 7 or subsection
(1)or
(2), or (b) who holds office by virtue of the circumstances set out in subsection
(4)or (4A) of section 2, or subsection
(3)or
(4)of section 6B, or (c) who holds office by virtue of section 6D.
(7)The court shall remove a guardian from office under subsection
(6)only where— (
  1. a)there is another guardian in place or about to be appointed, (
  2. b)the court is satisfied that it is in the best interests of the child that the guardian be removed from office, (
  3. c)for substantial reasons that appear to it to be sufficient, the court considers it necessary or desirable to do so, and (
  4. d)the guardian who is to be removed from office— (
  5. i)consents to the removal, (
  6. ii)is unable or unwilling to exercise the powers, responsibilities and entitlements of guardianship in respect of the child, or (iii) has failed in his or her duty towards the child to such extent that the safety or welfare of the child is likely to be prejudicially affected if he or she is not removed from office.”. Insertion of section 8A in Act of 1964 52. The Act of 1964 is amended by the insertion of the following section after section 8: “Duration of guardianship 8A. Subject to section 8, a person continues to be a guardian of a child until whichever of the following occurs first— (
  7. a)the guardian dies, (
  8. b)the child attains the age of 18 years, or (
  9. c)the child marries.”. Amendment of section 11 of Act of 1964 53. Section 11 of the Act of 1964 is amended by— (
  10. a)the substitution of the following subsection for subsection
(2): “
(2)The court may by an order under this section— (
  1. a)give such directions as it thinks proper regarding the custody of the child and the right of access to the child of each of his or her parents, and (
  2. b)order a parent of the child to pay towards the maintenance of the child such weekly or other periodical sum as, having regard to the means of the parent, the court considers reasonable.”, (
  3. b)the substitution of the following subsection for subsection
(4): “
(4)In the case of a child whose parents have not married each other— (a) a reference in subsection
(2)(
  1. b)to a parent of that child shall be construed as including a parent who is not a guardian of the child, and (
  2. b)the right to make an application under this section regarding the custody of the child and the right of access thereto of each of his or her parents shall extend to a parent who is not a guardian of the child, and for this purpose references in this section to the parent of a child shall be construed as including such a parent.”, and (
  3. c)the insertion of the following subsection after subsection
(9): “
(10)An application under subsection
(1)shall be on notice to each other person who is a parent or guardian of the child concerned.”. Amendment of section 11A of Act of 1964
  1. Section 11A of the Act of 1964 is amended by the substitution of “parents” for “father and mother”. Amendment of section 11B of Act of 1964
  2. Section 11B of the Act of 1964 is amended— (a) in subsection
(1), by the substitution of the following paragraph for paragraph (b): “(
  1. b)is a person with whom the child resides or has formerly resided,”, (
  2. b)by the deletion of subsection
(2), and (c) in subsection
(3)— (
  1. i)in paragraph (c), by the substitution of “guardians,” for “guardians.”, and (
  2. ii)by the insertion of the following paragraphs after paragraph (c): “(
  3. d)the views of the child, and (
  4. e)whether it is necessary to make an order to facilitate the access of the person to the child.”. Amendment of section 11D of Act of 1964 56. Section 11D of the Act of 1964 is amended by the substitution of “each of his or her parents” for “both his or her father and mother”. Relatives and certain persons may apply for custody of child 57. The Act of 1964 is amended by the insertion of the following section after section 11D: “Relatives and certain persons may apply for custody of child 11E.
(1)The court may, on application by— (
  1. a)a person who is a relative of a child, or (
  2. b)a person to whom subsection
(2)applies, make an order giving that person custody of the child.
(2)This subsection applies to a person with whom the child concerned resides where the person— (
  1. a)(
  2. i)is or was married to or in a civil partnership with, or has been, for a period of over 3 years, the cohabitant of the parent of the child, and (
  3. ii)has, for a period of more than 2 years, shared with that parent responsibility for the child’s day-to-day care, or (
  4. b)(
  5. i)is an adult who has, for a continuous period of more than 12 months, provided for the child’s day-to-day care, and (
  6. ii)the child has no parent or guardian who is willing or able to exercise the rights and responsibilities of guardianship in respect of the child.
(3)Subject to subsection
(4), the court shall not make an order under subsection
(1)without the consent of each guardian of the child.
(4)The court may make an order dispensing with the consent of a guardian if satisfied it is in the best interests of the child to do so.
(5)The court, in making an order in respect of a person to whom subsection
(2)applies, may grant custody of a child to the child’s parent and such person jointly and, in doing so, shall— (
  1. a)where these are not agreed as between the person and the parent of the child, specify the residential arrangements that are to apply in respect of the child, and (
  2. b)where the residential arrangements that are to apply in respect of the child provide that, for any period, the child will not reside with one of his or her parents, specify the contact (if any) that is to take place between the child and that parent during that period.”. Additional powers of court in relation to applications under this Act 58. The Act of 1964 is amended by the insertion of the following section after section 12: “Additional powers of court in relation to applications under this Act 12A.
(1)In making any order under this Act, the court may impose such conditions as it considers to be necessary in the best interests of the child.
(2)The court may, where it considers it necessary and appropriate in order to protect the best interests of the child, including his or her right to the care and custody of both of his or her parents, impose conditions in relation to the holding of the passport of a child.
(3)The conditions referred to in subsection
(2)include that a passport may be retained by the court or held by a specified person and may be released subject to such further conditions as may be determined by the court.
(4)Where, in any proceedings pursuant to this Part, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to a child concerned in the proceedings, the court may, of its own motion, or on the application of any person, adjourn the proceedings and make such directions under section 20 of the Child Care Act 1991 as the court may deem appropriate.”. Amendment of section 18
(2)of Act of 1964 59. Section 18
(2)of the Act of 1964 is amended by the substitution of “parents” for “father and mothe

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