Sir, – The article "TD's daughter waits in limbo to become daddy's girl" (August 4th) raises some important issues but contains a number of assertions that should be addressed.
At present, where a woman has a child outside marriage and goes on to marry a man who is not the father of her child, the only way of ensuring that her husband has a legal relationship with the child is for both of them to adopt the child. The husband becomes the child’s parent and legal guardian, jointly with the mother. The child will have rights of inheritance from both parents. The mother’s legal status changes to that of adoptive mother. The Children and Family Relationships Act 2015 will not change this.
When the Children and Family Relationships Act is commenced it will allow for step-parents to apply for guardianship provided they are married or in a civil partnership or have cohabited with the child’s mother for over three years and have shared responsibility for the child’s day-to-day care for more than two years.
If successful, a step-parent will be appointed a guardian with the mother.
The judge will be empowered to decide which of a specified set of rights he will grant the applicant.
The step-parent will not become the legal parent; the legal relationship will end when the child reaches 18 years and no succession rights will flow to the child from the step-parent. It will also be possible for more than two guardians to be appointed.
It will continue to be possible for parents to appoint a testamentary guardian(s) to act in the event of the death of the parent.
Children have a right to identity. Where a child is in a family with a parent who is not his or her birth parent it is important that this is acknowledged. Opportunities should be found to discuss these issues with the child in an open and honest manner.
The Children and Family Relationships Act is very welcome but it is not a panacea for all family ills and major reform is needed in the adoption area, not least obviating the need for a mother to adopt her own child. – Yours, etc,
MARGARET DROMEY,
Chief Executive,
Treoir – National Specialist
Information Service
for Unmarried Parents,
14 Gandon House,
IFSC, Dublin 1.