Guardianship of Children Bill 2010’

A Bill to enhance the parental rights of unmarried fathers is to be launched on Monday by Labour’s equality spokeswoman Kathleen Lynch.

The Guardianship of Children Bill 2010 proposes radical changes to current laws. The legislation provides for an automatic guardianship role for fathers to ensure the child’s rights are vindicated. There are specific exceptions to this right, and the parents or courts will have power to terminate that role in specified circumstances.

The Bill will provide for compulsory registration of the father’s name on a birth certificate. Labour says there is no automatic registration of the father’s name, nor an automatic guardianship role for unmarried fathers.

The Bill is designed to give effect to the rights of non-marital families under Article 8 of the European Convention on Human Rights.

Issued : Monday 15 March, 2010

The Labour Party has published a Private Members Bill, Guardianship of Children Bill, 2010 that will make significant changes to the current law regarding guardianship of children and that will, in particular, enhance the rights of non-marital fathers in regard to their children.

At present the child's right to know and be cared for by both of his or her parents is not fully respected in Irish law insofar as (a) there is no automatic registration of an unmarried father on the child's birth certificate (b) an unmarried father has no automatic guardianship role.

The Labour Bill is designed to give effect to the rights of non-marital families under Article 8 of the European Convention on Human Rights.

In order to ensure that the child's rights are vindicated, the Bill will confer an automatic guardianship role on natural fathers in respect of children born after the passing of the Act (with specified exceptions) and will give the parties or the court a power to terminate that role in specified circumstances.

The Bill also provides that the registration of the father's name on a birth certificate will be compulsory in all cases after the Act would come into effect.