Certain same-sex female couples will be legally recognised as co-parents of their children from today, as new legislation comes into operation.
The final parts of the Child and Family Relationships Act 2015 are now law.
This allows the birth mother and the intending parent (the mother's spouse, civil partner or cohabitant) of a donor-conceived child - born as a result of a Donor Assisted Human Reproduction (DAHR) procedure - to register with the Registrar for Births, Deaths and Marriages, as parents.
The couple can then obtain a birth certificate which reflects this. There are two different scenarios covered, depending on the date of conception.
For a child conceived after today, May 4, the DAHR procedure must have been undertaken in a DAHR facility in Ireland using a traceable sperm donor.
The relevant date is the day the DAHR procedure is performed (conception), not the date of birth of the child.
Today the final Parts of the Children & Families Relationships Act 2015, commence. A historic step towards LGBTI+ Equality as many children with same sex female parents will be able vindicate their right to have their family recognised. Thank you @KZapponeTD for your support 🏳️🌈
— LGBT Ireland (@LGBT_ie) May 4, 2020
For a child conceived prior to 4 May, 2020, the DAHR procedure may have been undertaken in a DAHR facility in Ireland or abroad using an anonymous or traceable sperm donor.
However, in these cases a court declaration of parentage is required, to enable both parents to be registered on the child’s birth certificate at re-registration.
Obtaining a declaration of parentage enables the intended parent to apply to be registered as a parent of the child along with the mother.
LGBT Ireland has more information about the new legislation here.
