CHILDREN AND FAMILY RELATIONSHIPS ACT 2015

“Part V

Best interests of the Child

Determination by court of best interests of child

31. (1) In determining for the purposes of this Act what is in the best interests of a child, the court shall have regard to all of the factors or circumstances that it regards as relevant to the child concerned and his or her family.

• (2) The factors and circumstances referred to in subsection (1) include:

  • (a) the benefit to the child of having a meaningful relationship with each of his or her parents and with the other relatives and persons who are involved in the child’s upbringing and, except where such contact is not in the child’s best interests, of having sufficient contact with them to maintain such relationships;

  • (b) the views of the child concerned that are ascertainable (whether in accordance with section 32 or otherwise);

  • (c) the physical, psychological and emotional needs of the child concerned, taking into consideration the child’s age and stage of development and the likely effect on him or her of any change of circumstances;

  • (d) the history of the child’s upbringing and care, including the nature of the relationship between the child and each of his or her parents and the other relatives and persons referred to in paragraph (a), and the desirability of preserving and strengthening such relationships;

  • (e) the child’s religious, spiritual, cultural and linguistic upbringing and needs;

  • (f) the child’s social, intellectual and educational upbringing and needs;

  • (g) the child’s age and any special characteristics;

  • (h) any harm which the child has suffered or is at risk of suffering, including harm as a result of household violence, and the protection of the child’s safety and psychological well-being;

  • (i) where applicable, proposals made for the child’s custody, care, development and upbringing and for access to and contact with the child, having regard to the desirability of the parents or guardians of the child agreeing to such proposals and co-operating with each other in relation to them;

  • (j) the willingness and ability of each of the child’s parents to facilitate and encourage a close and continuing relationship between the child and the other parent, and to maintain and foster relationships between the child and his or her relatives;

  • (k) the capacity of each person in respect of whom an application is made under this Act—

    • (i) to care for and meet the needs of the child,

    • (ii) to communicate and co-operate on issues relating to the child, and

    • (iii) to exercise the relevant powers, responsibilities and entitlements to which the application relates.

• (3) For the purposes of subsection (2)(h), the court shall have regard to household violence that has occurred or is likely to occur in the household of the child, or a household in which the child has been or is likely to be present, including the impact or likely impact of such violence on:

  • (a) the safety of the child and other members of the household concerned;

  • (b) the child’s personal well-being, including the child’s psychological and emotional well-being;

  • (c) the victim of such violence;

  • (d) the capacity of the perpetrator of the violence to properly care for the child and the risk, or likely risk, that the perpetrator poses to the child.

• (4) For the purposes of this section, a parent’s conduct may be considered to the extent that it is relevant to the child’s welfare and best interests only.

• (5) In any proceedings to which section 3(1)(a) applies, the court shall have regard to the general principle that unreasonable delay in determining the proceedings may be contrary to the best interests of the child.

• (6) In obtaining the ascertainable views of a child for the purposes of subsection (2)(b), the court—

  • (a) shall facilitate the free expression by the child of those views and, in particular, shall endeavour to ensure that any views so expressed by the child are not expressed as a result of undue influence, and

  • (b) may make an order under section 32.

• (7) In this section ‘household violence’ includes behaviour by a parent or guardian or a household member causing or attempting to cause physical harm to the child or another child, parent or household member, and includes sexual abuse or causing a child or a parent or other household member to fear for his or her safety or that of another household member.

Power of court to make certain orders

32. (1) In proceedings to which section 3(1)(a) applies, the court may, by order, do either or both of the following:

- (a) give such directions as it thinks proper for the purpose of procuring from an expert a report in writing on any question affecting the welfare of the child; or

- (b) appoint an expert to determine and convey the child’s views.

• (2) An order under subsection (1) may be made by the court of its own motion or on application to it in that behalf by a party to the proceedings and, in deciding whether to make an order, the court shall have regard to any views expressed to it in relation to the matter by or on behalf of a party to the proceedings concerned or any other person to whom they relate.

• (3) Without prejudice to the generality of subsection (1), the court, in deciding whether to make an order under that subsection, shall, in particular, have regard to the following:

  • (a) the age and maturity of the child;

  • (b) the nature of the issues in dispute in the proceedings;

  • (c) any previous report under subsection (1)(a) on a question affecting the welfare of the child;

  • (d) the best interests of the child;

  • (e) whether the making of the order will assist the expression by the child of his or her views in the proceedings;

  • (f) the views expressed by a person referred to in subsection (2).

• (4) A copy of a report under subsection (1)(a) may be provided in evidence in the proceedings and shall be given to—

  • (a) the parties to the proceedings concerned, and

  • (b) subject to subsection (5), if he or she is not a party to the proceedings, to the child concerned.

• (5) In determining whether a report obtained under subsection (1)(a) should be furnished to the child to whom it relates, the court shall have regard to the following:

  • (a) the age and maturity of the child and the capacity of the child to understand the report;

  • (b) the impact on the child of reading the report and the effect it may have on his or her relationship with his or her parents or guardians;

  • (c) the best interests of the child;

  • (d) whether the best interests of the child would be better served by the furnishing of the report to the parent, guardian, next friend of the child or an expert appointed under subsection (1)(b), rather than to the child himself or herself.

• (6) An expert appointed under subsection (1)(b) shall—

  • (a) ascertain the maturity of the child,

  • (b) where requested by the court, ascertain whether or not the child is capable of forming his or her views on the matters that are the subject of the proceedings, and report to the court accordingly,

  • (c) where paragraph (b) does not apply, or where paragraph (b) applies and the expert ascertains that the child is capable of forming his or her own views on the matters that are the subject of the proceedings—

    • (i) ascertain the views of the child either generally or on any specific questions on which the court may seek the child’s views, and

    • (ii) furnish to the court a report, which shall put before the court any views expressed by the child in relation to the matters to which the proceedings relate.

• (7) The court or a party to proceedings to which this section applies may call as a witness in the proceedings an expert appointed under subsection (1).

• (8) Where, in proceedings referred to in subsection (1), the court has made an order under paragraph (a) or (b) of subsection (1), nothing in this section shall prevent the court from—

  • (a) making a further order under either or both of those paragraphs, or

  • (b) in making such a further order, appointing the same or a different expert to perform the function concerned.

• (9) The fees and expenses of an expert appointed under subsection (1) shall be paid by such parties to the proceedings concerned and in such proportions, or by such party to the proceedings, as the court may determine.

• (10) The Minister may, in consultation with the Minister for Children and Youth Affairs, by regulation specify—

  • (a) the qualifications and experience of an expert appointed under this section, and

  • (b) the fees and allowable expenses that may be charged by such an expert.

• (11) Without prejudice to the generality of subsection (10), regulations under that subsection may provide for:

  • (a) the qualifications, and the minimum level of professional experience, to be held by an expert,

  • (b) the minimum standards that shall apply to the performance by an expert of his or her functions under this section, and

  • (c) such other matters as the Minister considers necessary to ensure that experts are capable of performing their functions under this section.”.

PART 5 Amendments to Succession Act 1965

64. Amendment of section 3 of Act of 1965

64. Section 3 of the Act of 1965 is amended in subsection (1) by the insertion of the following definition:

“ ‘Act of 2015’ means the Children and Family Relationships Act 2015;”.

65. Amendment of section 4A of Act of 1965

65.Section 4A of the Act of 1965 is amended—

• (a) in subsection (1), by the substitution of “Subject to subsection (1A), in deducing any relationship” for “In deducing any relationship”,

• (b) by the insertion of the following subsection after subsection (1):

• “(1A) In deducing any relationship for the purposes of this Act, the relationship between every donor-conceived child (within the meaning of the Act of 2015) and his or her parents shall be determined in accordance with section 5 of the Act of 2015 and all other relationships shall be determined accordingly.”,

• (c) in subsection (2), by the substitution of “Subject to subsection (2A) (inserted by section 65(d) of the Act of 2015), where a person” for “Where a person”, and

• (d) by the insertion of the following subsection after subsection (2):

• “(2A) The reference to father in subsection (2) does not include a man who is, under section 5 of the Act of 2015, a parent of the first-mentioned person referred to in that subsection.”.

66. Amendment of section 27A of Act of 1965

66. The Act of 1965 is amended in section 27A—

• (a) by designating the section as subsection (1),

• (b) in subsection (1) (as designated by paragraph (a))—

• (i) by the substitution of “Subject to subsection (2), for the purpose of the application” for “For the purpose of the application”, and

• (ii) by the substitution of “whose parents have not married each other or whose parents are not civil partners of each other” for “whose parents have not married each other” in each place it occurs,

and

• (c) by the insertion of the following subsections after subsection (1):

• “(2) Subsection (1) shall not apply in relation to a person whose parents have not married each other or whose parents are not civil partners of each other where—

  • (a) the person has been adopted by a cohabiting couple—

    • (i) under an adoption order, or

    • (ii) outside the State, where that adoption is recognised by virtue of the law for the time being in force in the State,

    or

  • (b) they are the parents, under section 5 of the Act of 2015, of the person.

• (3) In this section—

“ ‘Act of 2010’ means the Adoption Act 2010;

‘adoption order’ has the same meaning as it has in section 3(1) of the Act of 2010;

‘cohabiting couple’ has the same meaning as it has in section 3(1) (amended by section 102 of the Act of 2015) of the Act of 2010.”.

67. Amendment of section 67A of Act of 1965

67. Section 67A of the Act of 1965 is amended—

• (a) in subsection (2)(a), by the substitution of “subject to subsections (3), (3A) (inserted by section 67(c) of the Act of 2015), (4), (5), (6) and (7)” for “subject to subsections (3) to (7) ”,

• (b) in subsection (3), by the substitution of “Subject to subsection (3A), the court may” for “The court may”, and

• (c) by the insertion of the following subsection after subsection (3):

• “(3A) An application may not be made under subsection (3) by or on behalf of a child of an intestate where that child is also the child of the surviving civil partner.”.

68. Amendment of section 72A of Act of 1965

68. Section 72A of the Act of 1965 is amended in paragraph (b) by the substitution of “the spouse, civil partner or a direct lineal ancestor” for “the spouse or a direct lineal ancestor”.

69. Amendment of section 117 of Act of 1965

69. Section 117 of the Act of 1965 is amended by the substitution of the following subsection for subsection (3A):

• “(3A) An order under this section—

  • (a) where the surviving civil partner is a parent of the child, shall not affect the legal right of that surviving civil partner or any devise or bequest to the civil partner or any share to which the civil partner is entitled on intestacy, or

  • (b) where the surviving civil partner is not a parent of the child, shall not affect the legal right of the surviving civil partner unless the court, after consideration of all the circumstances, including the testator’s financial circumstances and his or her obligations to the surviving civil partner, is of the opinion that it would be unjust not to make the order.”.

70. Amendment of section 121 of Act of 1965

70. Section 121 of the Act of 1965 is amended in subsection (6) by the substitution of “spouse or civil partner, as the case may be,” for “spouse” in each place it occurs.

PART 6 Amendments to Family Law (Maintenance of Spouses and Children) Act 1976

71. Amendment of section 3 of Act of 1976

71. Section 3 of the Act of 1976 is amended in subsection (1) —

• (a) in the definition of “antecedent order”, by the insertion of the following paragraph after paragraph (d):

• “(da) an order under section 8A of this Act (in so far as it is deemed under that section to be a maintenance order),”,

• (b) in the definition of “maintenance debtor”, by the substitution of “person” for “spouse” wherever it occurs,

• (c) in the definition of “maintenance order”, by the substitution of “an order under section 5, 5A, 5B or 5C” for “an order under either section 5 or 5A”, and

• (d) by the insertion of the following definitions:

“ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘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 and includes a former cohabitant;”.

72. Amendment of section 5A of Act of 1976

72. Section 5A of the Act of 1976 is amended—

• (a) by the substitution of “whose parents are not married to each other and are not civil partners of each other” for “whose parents are not married to each other” wherever it occurs, and

• (b) in subsection (3)(b), by the substitution of the following subparagraph for subparagraph (i):

• “(i) a spouse or a civil partner,”.

73. Maintenance by cohabitants of certain dependent children

73. The Act of 1976 is amended by the insertion of the following sections after section 5A:

“Maintenance order (liability of cohabitant to other cohabitant in respect of child of other cohabitant)

5B. (1) This section applies to a cohabitant of a person (in this section referred to as the maintenance applicant) who is a parent of, or who is in loco parentis to, a dependent child who is under the age of 18 years where the cohabitant—

• (a) is not the parent of the dependent child, and

• (b) is a guardian of the dependent child appointed under section 6C of the Guardianship of Infants Act 1964.

• (2) Subject to subsection (3) of this section, where it appears to the Court, on application to it by a maintenance applicant, that the applicant’s cohabitant has failed to provide such maintenance for a dependent child referred to in subsection (1) of this section as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the cohabitant make to the maintenance applicant periodical payments, for the support of the child, for such period during the lifetime of the maintenance applicant, of such amount and at such times, as the Court may consider proper.

• (3) The Court, in deciding whether to make a maintenance order under this section for the support of a dependent child referred to in subsection (1) of this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, in so far as is practicable, to the following matters—

  • (a) the income, earning capacity (if any), property and other financial resources of—

    • (i) the cohabitant,

    • (ii) the maintenance applicant,

    • (iii) the child, and

    • (iv) any other dependent children of the maintenance applicant or the cohabitant,

    including income or benefits to which the maintenance applicant, the cohabitant, the child or such other dependent children are entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of the child or other dependent children granted to either parent of any such children, and

  • (b) the financial and other responsibilities of the maintenance applicant and the cohabitant concerned towards—

    • (i) a spouse, civil partner or cohabitant,

    • (ii) the child, and

    • (iii) any other dependent children of the maintenance applicant or the cohabitant,

    and the needs of such children, including the need for care and attention.

    Maintenance order (liability of cohabitant to any person in respect of child of other cohabitant)

    5C. (1) This section applies to a cohabitant (in this section called the relevant cohabitant) of a person who is a parent of, or who is in loco parentis to, a dependent child who is under the age of 18 years where the relevant cohabitant—

  • (a) is not the parent of the dependent child, and

  • (b) is a guardian of the child appointed under section 6C of the Guardianship of Infants Act 1964.

• (2) Subject to subsection (3) of this section, where it appears to the Court, on application to it by any person, that the relevant cohabitant has failed to provide such maintenance for a dependent child referred to in subsection (1) of this section as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the relevant cohabitant make to the person periodical payments, for the support of the dependent child, for such period during the lifetime of that person, of such amount and at such times, as the Court may consider proper.

• (3) The Court, in deciding whether to make a maintenance order under this section for the support of a dependent child referred to in subsection (1) of this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, in so far as is practicable, to the following matters—

  • (a) the income, earning capacity (if any), property and other financial resources of—

    • (i) the relevant cohabitant,

    • (ii) the child, and

    • (iii) any other dependent children of the relevant cohabitant,

    including income or benefits to which the relevant cohabitant, the child or such other dependent children are entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of the child or other dependent children granted to either parent of such children, and

  • (b) the financial and other responsibilities of the relevant cohabitant towards—

    • (i) a spouse, civil partner or cohabitant,

    • (ii) the child, and

    • (iii) any other dependent children of the relevant cohabitant,

    and the needs of any such children, including the need for care and attention.

• (4) The Court shall not make a maintenance order under subsection (2) of this section in relation to a relevant cohabitant in respect of a dependent child referred to in subsection (1) of this section if a maintenance order is in force under section 5B of this Act requiring that cohabitant to make periodical payments for the support of the child unless—

  • (a) the cohabitant is not complying with the order under section 5B of this Act, and

  • (b) the Court, having regard to all the circumstances, thinks it proper to do so,

  but, if the Court makes the order under the said subsection (2), any amounts falling due for payment under the order under the said section 5B on or after the date of the making of the order under the said subsection (2) shall not be payable.”.

74. Amendment of section 6 of Act of 1976

74. Section 6 of the Act of 1976 is amended—

• (a) in subsection (3), by the substitution of “Subject to subsection (3A) of this section, that part of a maintenance order” for “That part of a maintenance order”, and

• (b) by the insertion of the following subsection after subsection (3):

• “(3A) A maintenance order made under section 5B or 5C of this Act shall stand discharged when the person for whose benefit the order was made attains the age of 18 years.”.

75. Amendment of section 8A of Act of 1976

75. Section 8A of the Act of 1976 is amended by the substitution of “who are not married to each other and are not civil partners of each other enter into an agreement” for “who are not married to each other enter into an agreement”.

76. Amendment of section 10 of Act of 1976

76. Section 10 of the Act of 1976 is amended in subsection (3)(b)(i) by the substitution of “whether the person concerned” for “whether the spouse concerned”.

77. Amendment of section 21A of Act of 1976

77. Section 21A of the Act of 1976 is amended in subsection (1) by the substitution of the following paragraph for paragraph (b):

• “(b) in relation to a dependent child whose parents are not married to each other and are not civil partners of each other, a parent,”.

78. Amendment of section 23 of Act of 1976

78. Section 23 of the Act of 1976 is amended—

• (a) in subsection (1), by the substitution of “proceedings under sections 5, 5A, 5B, 5C, 6, 7, 9 and 21A of this Act” for “proceedings under sections 5, 5A, 6, 7, 9 and 21A of this Act”,

• (b) in subsection (2) —

• (i) in paragraph (b), by the substitution of “under section 5, 5A, 5B, 6, 7 or 9” for “under section 5, 6, 7 or 9”, and

• (ii) in paragraph (c), by the substitution of “under section 5, 5A, 5B, 6, 7 or 9” for “under section 5, 6, 7 or 9”,

and

• (c) by the substitution of the following subsection for subsection (3):

• “(3) In proceedings under this Act, each party to the proceedings shall give to the other party such particulars of his or her financial circumstances, including property and income, and in so far as is practicable, the financial circumstances of his or her dependent children, as may reasonably be required for the purpose of the proceedings.”.

PART 7 Amendments to Status of Children Act 1987

79. Amendment of section 33 of Act of 1987

79. Section 33 of the Act of 1987 is amended by the insertion of the following definitions:

“ ‘Act of 2015’ means the Children and Family Relationships Act 2015;

‘adopted person’ has the same meaning as in section 3(2)(b) of this Act;

‘donor-conceived child’ has the same meaning as in Part 2 of the Act of 2015;

‘parent’ includes a second parent;

‘second parent’, in relation to a donor-conceived child, means a person who is a parent of the child under section 5(1)(b) of the Act of 2015, other than a person who is a parent under that section by virtue of a declaration obtained under section 21 or 22 of that Act.”.

80. Amendment of section 35 of Act of 1987

80. Section 35 of the Act of 1987 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) A person specified in subsection (1A) of this section may apply to the Court for a declaration under this section that—

  • (a) a person named in the application is or is not the mother,

  • (b) a person named in the application is or is not the father or second parent, or

  • (c) 2 persons named in the application are or are not the parents,

  of a person (other than a person who is an adopted person) named in the application (in this section referred to as the ‘person concerned’).”,

• (b) by the insertion of the following subsections after subsection (1):

• “(1A) An application for a declaration under this section may be made, in relation to a person concerned, by—

  • (a) the person concerned,

  • (b) any person seeking a declaration that he or she is the mother, father or second parent of the person concerned, or

  • (c) any person seeking a declaration that he or she is not the mother, father or second parent of the person concerned.

• (1B) Where an application for a declaration under this section is made by a person referred to in paragraph (b) or (c) of subsection (1A) of this section in relation to a person concerned, the person concerned shall be joined as a party to the proceedings.”,

• (c) in subsection (3), by the substitution of “Where an application for a declaration under this section is made in relation to a person concerned who was not born in the State, the person making the application shall specify” for “Where a person not born in the State makes an application for a declaration by virtue of subsection (1)(b) of this section, he shall specify”,

• (d) by the deletion of subsection (4), and

• (e) by the substitution of the following subsection for subsection (8):

• “(8) Where on an application under subsection (1) of this section it is proved on the balance of probabilities that—

  • (a) a person named in the application is or is not the mother,

  • (b) a person so named is or is not the father or second parent, or

  • (c) persons so named are or are not the parents,

  of the person concerned, the Court shall make the declaration accordingly.”.

81. Amendment of section 37 of Act of 1987

81. Section 37 of the Act of 1987 is amended by—

• (a) the deletion of the definitions of “blood samples” and “blood test”, and

• (b) the insertion of the following definitions:

“ ‘Act of 2015’ means the Children and Family Relationships Act 2015;

‘bodily sample’ means any of the following taken or to be taken from a person for the purpose of a DNA test:

• (a) a swab from the mouth;

• (b) a sample of saliva or hair (other than pubic hair);

• (c) a blood sample;

‘DNA’ means deoxyribonucleic acid;

‘DNA test’ means any test carried out under this Part with the object of examining and analysing a bodily sample in order to derive, in relation to the person from whom the sample is taken, information comprising a set of identification characteristics of that person’s DNA;

‘DAHR procedure’ has the same meaning as in section 20 of the Act of 2015;

‘donor-conceived child’ has the same meaning as in Part 2 of the Act of 2015;

‘parent’ means—

• (a) in relation to a person who is not a donor-conceived child, his or her mother or father, and

• (b) in relation to a donor-conceived child, a person who—

  • (i) provided a gamete that was used in the DAHR procedure that resulted in the child’s birth, and

  • (ii) is the mother of the child or is a parent of the child under section 5(1)(b) of the Act of 2015;”.

82. Amendment of section 38 of Act of 1987

82. Section 38 of the Act of 1987 is amended—

• (a) by the substitution of “bodily samples” for “blood samples” wherever it appears, and

• (b) in subsection (1), by the substitution of “DNA tests” for “blood tests”.

83. Amendment of section 39 of Act of 1987

83. Section 39 of the Act of 1987 is amended—

• (a) by the substitution of “bodily sample” for “blood sample” wherever it appears, and

• (b) in subsection (3)(b), by the substitution of “DNA tests” for “blood tests”.

84. Amendment of section 40 of Act of 1987

84. Section 40 of the Act of 1987 is amended—

• (a) by the substitution of “bodily samples” for “blood samples” wherever it appears, and

• (b) in subsection (6) —

• (i) in paragraph (a), by the substitution of “DNA tests” for “blood tests”, and

• (ii) in paragraph (b), by the substitution of “DNA test” for “blood test”, and by the substitution of “bodily sample” for “blood sample”.

85. Amendment of section 41 of Act of 1987

85. Section 41 of the Act of 1987 is amended in subsection (2) —

• (a) in paragraph (a), by the substitution of “bodily samples” for “blood samples”,

• (b) in paragraph (b), by the substitution of “bodily sample” for “blood sample”, and

• (c) by the substitution of the following paragraph for paragraph (c):

• “(c) require any person from whom a bodily sample that is a blood sample is to be taken or, in such cases as may be prescribed by the regulations, such other person as may be so prescribed, to state in writing whether he had during such period as may be specified in the regulations—

• (i) suffered from any such illness as may be so specified, or

• (ii) received a transfusion of blood or such other medical treatment as may be so specified;”.

86. Amendment of section 42 of Act of 1987

86. Section 42 of the Act of 1987 is amended—

• (a) in subsection (2), by the substitution of “bodily samples” for “blood samples”, and

• (b) in subsection (4), by the substitution of “bodily sample” for “blood sample”.

87. Amendment of section 43 of Act of 1987

87. Section 43 of the Act of 1987 is amended—

• (a) by the substitution of “bodily sample” for “blood sample”,

• (b) by the substitution of “a class C fine” for “a fine not exceeding £1,000”, and

• (c) by the substitution of “a fine not exceeding €5,000” for “a fine not exceeding £2,500”.

88. Amendment of section 46 of Act of 1987

88. Section 46 of the Act of 1987 is amended—

• (a) by the substitution of the following subsection for subsection (2):

• “(2) Notwithstanding subsection (1) of this section, where a married woman, being a woman who is living apart from her husband, gives birth to a child more than ten months after the date of her separation from her husband, then her husband shall be presumed not to be the father of the child unless the contrary is proved on the balance of probabilities.”,

• (b) by the insertion of the following subsection after subsection (2):

• “(2A) For the purposes of subsection (2) of this section, the date of the separation of a married woman from her husband shall be deemed to be—

  • (a) the date on which a decree of divorce a mensa et thoro was granted in relation to them,

  • (b) the date on which a decree of judicial separation was granted in relation to them,

  • (c) the date on which a deed of separation was executed in relation to them,

  • (d) the date on which a separation agreement was entered into by them, or

  • (e) such other date as may be established by the woman.”,

• (c) in subsection (3), by the substitution of the following paragraph for paragraph (a):

• “(a) the birth of a child is registered in a register maintained under the Civil Registration Act 2004, and”,

and

• (d) by the insertion of the following subsection after subsection (4):

• “(5) In this section, ‘decree of judicial separation’ means a decree under section 3 of the Judicial Separation and Family Law Reform Act 1989.”.

PART 8 Amendments to Family Law Act 1995

89. Amendment of section 2 of Act of 1995

89. Section 2 of the Act of 1995 is amended by the insertion of the following definition:

“ ‘cohabitant’ shall be construed in accordance with section 172(1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and includes a former cohabitant;”.

90. Amendment of section 41 of Act of 1995

90. Section 41 of the Act of 1995 is amended—

• (a) in paragraph (a), by the substitution of “that other spouse,” for “that other spouse, or”,

• (b) in paragraph (b)(ii), by the substitution of “of the family, or” for “of the family,”,

• (c) by the insertion of the following paragraph after paragraph (b):

• “(c) by a cohabitant to a parent of the child, or to another person specified in the order, of periodical payments for the support of a child,”,

and

• (d) by the substitution of “order the person liable” for “order the spouse or parent liable”.

91. Amendment of section 42 of Act of 1995

91. Section 42 of the Act of 1995 is amended—

• (a) in subsection (1), by the substitution of “paragraph (a), (b) or (c) of section 41” for “paragraph (a) or (b) of section 41”, and

• (b) by the insertion of the following subsection after subsection (2):

• “(2A) Where the court makes an order under subsection (1) that is for the benefit of a child, the court may specify in the order the manner in which, or purpose for which, the payment or payments referred to in that subsection are to be applied, including in providing suitable accommodation for the child to whom the order relates.”.

PART 9 Amendments to Civil Registration Act 2004

92. Amendment of section 2 of Act of 2004

92. Section 2(1) of the Act of 2004 is amended—

• (a) by the insertion of the following definitions:

“ ‘Act of 2015’ means the Children and Family Relationships Act 2015;

‘donor-conceived child’ has the same meaning as it has in Part 2 of the Act of 2015;

‘parent’, in relation to a donor-conceived child, means the parent or parents of that child under section 5 of the Act of 2015;”,

and

• (b) in the definition of “the required particulars”, by—

• (i) the substitution of the following for paragraphs (a) and (b):

• “(a) in relation to a birth or a living new born child found abandoned, the particulars specified in Part 1 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child;

• (b) in relation to a stillbirth the particulars specified in Part 2 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child;”,

and

• (ii) the substitution of the following for paragraph (e):

• “(e) in relation to a death, the particulars specified in Part 5 of the First Schedule in relation to the deceased and, as applicable, the mother, father, parent and guardian of the deceased;”.

93. Special provisions in relation to registration of birth of donor-conceived child

93. The Act of 2004 is amended by the insertion of the following after section 19:

“19A. (1) Where a child who is a donor-conceived child is born, the person referred to in paragraph (a) or (b) of section 19(1) shall comply with that section in relation to the birth, and shall also give the following to the registrar—

• (a) the certificate furnished to the person under section 27(5) of the Act of 2015,

• (b) a statutory declaration referred to in subsection (2).

• (2) A statutory declaration referred to in subsection (1)(b) shall be in the form for the time being standing approved by an tArd-Chláraitheoir, and shall state—

  • (a) the parent or parents of the child consented, in accordance with Part 2 of the Act of 2015, to being the parents, under section 5 of that Act, of the child, and

  • (b) no person, other than the parent or parents referred to in paragraph (a), is the parent of the child.

• (3) Where section 19(3) applies in relation to a birth referred to in subsection (1), the qualified informant concerned shall comply with that section, and shall also give the following to the registrar—

  • (a) the certificate referred to in subsection (1)(a), and

  • (b) such evidence in his or her possession or within his or her power to so furnish relating to the consent by the parent or parents, or any other person, under Part 2 of the Act of 2015, to being the parents, under section 5 of that Act, of the child.

• (4) Where the mother of a child referred to in subsection (1) was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, and another person would, but for this subsection fall to be registered as a parent of the child under section 19, that person shall not be so registered unless the person complies with subsection (3) and subsections (3A) to (3H) of section 22(3).

• (5) Where—

  • (a) paragraphs (i) to (iii) of section 19(1) and subsection (1), or

  • (b) as the case may be, paragraphs (a) to (c) of section 19(3) and subsection (3),

  have been complied with in relation to a birth to which subsection (1) applies, the registrar concerned shall register the birth in accordance with this section and in such manner as an tArd-Chláraitheoir may direct.

• (6) In registering the birth of a child under this section, the registrar shall note on the register that the child is a child to whom subsection (1) applies.

• (7) A note referred to in subsection (6) shall not be shown on any birth certificate issued to the child.

• (8) Where—

  • (a) the birth of a child has been registered other than under this section, and

  • (b) the registrar receives information from the Minister for Health to the effect that the child is a child to whom subsection (1) applies,

  the registrar shall contact the persons who complied with section 19(1) in relation to the birth of the child and such other persons as he or she considers necessary, and make the enquiries necessary to determine whether the birth of the child should be re-registered under this section.

• (9) Where the registrar, having made the enquiries referred to in subsection (8), is of the opinion that the child concerned is a child to whom subsection (1) applies, he or she shall re-register the birth of the child under this section and enter in the register the name of the person who is, or persons who are, under section 5 of the Act of 2015, the parent or parents of the child.

• (10) Where a person whose birth was registered in accordance with this section and who has attained the age of 18 years applies for a birth certificate, the registrar shall contact that person to inform him or her that further information relating to him or her is available from the National Donor-Conceived Person Register.”.

94. Sections 23 and 23A of Act of 2004 not to apply to donor-conceived child

94. Sections 23 and 23A of the Act of 2004 shall not apply to a donor-conceived child (within the meaning of Part 2).

95. Re-registration of birth of donor-conceived child on foot of court order

95. The Act of 2004 is amended by the insertion of the following section after section 23A:

“23B. (1) Where the birth of a child has been registered under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (‘the person’) as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the District Court under section 21 of the Act of 2015, or by the Circuit Court under section 22 of the Act of 2015, and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

• (2) Where the birth of a donor-conceived child has been registered, whether or not anybody other than the child’s mother has been registered as a parent of the child, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (‘the person’) as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the Circuit Court under section 35 of the Status of Children Act 1987, and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

• (3) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

• (4) Where a birth is re-registered under this section, the surname of the child entered in the register shall be—

  • (a) that which was previously registered, or

  • (b) a surname determined in accordance with Part 1 of the First Schedule.

• (5) Where one of the persons to whom subsection (1) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request.

• (6) Where one of the persons to whom subsection (2) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request and anybody registered as a parent, other than the mother, of the child, as the case may be.

• (7) When a birth is being re-registered under this section, the register shall be signed by—

  • (a) the mother of the child, if she has made, or joined in the making of, the request under subsection (1) or (2),

  • (b) the person declared by the court referred to in subsection (1) or (2) to be the parent of the child, if he or she has made, or joined in the making of, the request under that subsection, and

  • (c) the child to whom the registration relates, if he or she has reached the age of 18 where he or she has made, or joined in the making of the request concerned under subsection (1) or (2).

• (8) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chláraitheoir of a request in that behalf, and an tArd-Chláraitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be re-registered notwithstanding that a person referred to in paragraph (a), (b) or (c) of subsection (7) has not signed the register.

• (9) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.

• (10) Where the person declared by the court referred to in subsection (1) or (2) to be the parent of the child is a male, he may be registered as the father of the child.”.

96. Miscellaneous amendments to Act of 2004

96. (1) Section 22 (1K) of the Act of 2004 is amended by the substitution of “(1B)(ii)” for “(1B)(b)(ii)”.

• (2) Section 25A of the Act of 2004 is amended by the substitution of “(1K)” for “(1J)” in subsections (2) and (3).

97. Registrar may take and receive statutory declaration under Guardianship of Infants Act 1964

97. The Act of 2004 is amended by the insertion of the following section after section 27:

“27A. For the purposes of section 1(1)(d) of the Statutory Declarations Act 1938, a registrar may, during the period of 14 days immediately following the date on which the birth of a child is registered or re-registered, take and receive a statutory declaration made under section 2(4)(e) or 6B(4)(c) of the Guardianship of Infants Act 1964 in respect of the child.”.

98. Amendment of section 44C(2) of Act of 2004

98. Section 44C(2) of the Act of 2004 is amended by the insertion of the following subparagraph after subparagraph (xii):

• “(xiiA) forename and birth surname of parent of deceased;”.

99. Amendment of First Schedule to Act of 2004

99. The First Schedule to the Act of 2004 is amended—

• (a) by the insertion in Part 1 of the following after “Birth surname of father’s mother”:

“Forename(s) (if any) of parent.

Date of birth of parent.

Civil status of parent.

Personal public service number of parent.

Birth surname of parent’s mother.”,

and

• (b) by the insertion in Part 2 of the following after “Birth surname of father’s mother”:

“Forename(s) (if any) of parent.

Date of birth of parent.

Civil status of parent.

Personal public service number of parent.

Birth surname of parent’s mother.”,

and

• (c) by the insertion in Part 5 of the following after “Forename(s) and birth surname of mother of deceased”:

“Forename(s) and birth surname of parent of deceased”.

PART 10 Amendment to Passports Act 2008

100. Amendment to Passports Act 2008

100. Section 14 of the Passports Act 2008 is amended—

• (a) by the substitution of the following for subsection (1):

• “(1) Subject to this section, the Minister shall, before issuing a passport to a child, be satisfied on reasonable grounds that—

  • (a) where the child has 2 guardians, each guardian of the child, and

  • (b) where the child has more than 2 guardians, not fewer than 2 of those guardians,

  consents to the issue of a passport to the child.”,

• (b) in subsection (5) —

• (i) by the insertion after “other guardian” in each place where it occurs of “or, if appropriate, the other guardians”, and

• (ii) in paragraph (a), by the substitution of “any other guardian” for “that other guardian”,

and

• (c) by the insertion of the following subsection after subsection (5):

• “(5A)

  • (a) Subject to this Act, and on application in that behalf to him or her in accordance with section 6 by a guardian of the child, the Minister may, without the consent to such issue of the other guardian or, if appropriate, the other guardians of the child, issue a passport to a child who is ordinarily resident outside the State, where—

    • (i) a court or competent judicial or administrative authority of the state of ordinary residence of the child takes a measure directing that a passport may be issued to the child without the consent to such issue of the other guardian or, if appropriate, the other guardians of the child, or

    • (ii) by operation of the law of the state of ordinary residence of the child, the requirements relating to the consent of the other guardian or, if appropriate, the other guardians of the child have been fulfilled.

  • (b) Paragraph (a) is without prejudice to paragraph 2 of Article 23 of the Convention.

  • (c) In this subsection—

  ‘Act of 2000’ means the Protection of Children (Hague Convention) Act 2000;

  ‘Convention’ has the meaning it has in section 1 of the Act of 2000;

  ‘guardian’, in relation to a child, includes a person exercising parental responsibility in respect of the child, within the meaning of paragraph 2 of Article 1 of the Convention;

  ‘measure’ has the meaning it has in section 1 of the Act of 2000;

  ‘state’ means a state that is another contracting state, within the meaning of section 1 of the Act of 2000.”.

PART 11 Amendments to Adoption Act 2010

101. Definition (Part 11)

101. F34[…]

102. Amendment of section 3 of Principal Act

102. F35[…]

103. Amendment of section 4 of Principal Act

103. F36[…]

104. Amendment of section 11 of Principal Act

104. F37[…]

105. Amendment of section 12 of Principal Act

105. F38[…]

106. Amendment of section 16 of Principal Act

106. F39[…]

107. Amendment of section 17 of Principal Act

107. F40[…]

108. Amendment of section 18 of Principal Act

108. F41[…]

109. No pre-placement consultation required

109. F42[…]

110. Amendment of section 20 of Principal Act

110. F43[…]

111. Amendment of section 21 of Principal Act

111. F44[…]

112. Amendment of section 30 of Principal Act

112. F45[…]

113. Amendment of section 32 of Principal Act

113. F46[…]

114. Amendment of section 33 of Principal Act

114. F47[…]

115. Amendment of section 34 of Principal Act

115. F48[…]

116. Amendment of section 37 of Principal Act

116. F49[…]

117. Amendment of section 38 of Principal Act

117. F50[…]

118. Amendment of section 40 of Principal Act

118. F51[…]

119. Amendment of section 41 of Principal Act

119. F52[…]

120. Amendment of section 43 of Principal Act

120. F53[…]

121. Amendment of section 58 of Principal Act

121. F54[…]

122. Amendment of section 59 of Principal Act

122. F55[…]

123. Amendment of section 60 of Principal Act

123. F56[…]

124. Amendment of section 61 of Principal Act

124. F57[…]

125. Amendment of section 62 of Principal Act

125. F58[…]

126. Amendment of section 68 of Principal Act

126. F59[…]

127. Amendment of section 69 of Principal Act

127. F60[…]

128. Amendment of section 78 of Principal Act

128. F61[…]

129. Amendment of section 79 of Principal Act

129. F62[…]

130. Amendment of section 97 of Principal Act

130. F63[…]

131. Amendment of section 125 of Principal Act

131. F64[…]

132. Amendment of section 144 of Principal Act

132. F65[…]

133. Amendment of section 145 of Principal Act

133. F66[…]

134. Amendment of Schedule 3 to Principal Act

134. F67[…]

PART 12 Amendments to Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

135. Amendment of section 2 of Act of 2010

135. Section 2 of the Act of 2010 is amended by the insertion of the following definitions:

“ ‘dependent child’ means a child who is—

• (a) under the age of 18 years, or

• (b) 18 years of age or over and—

  • (i) is, or will be or, if an order were made under this Act providing for periodical payments for his or her support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or

  • (ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully;

  ‘dependent child of the civil partners’, in relation to a couple who are civil partners of each other, or either of those civil partners, means a dependent child—

• (a) of both civil partners, or adopted by both civil partners under the Adoption Act 2010, or in relation to whom both civil partners are in loco parentis, or

• (b) of either civil partner, or adopted by either civil partner under the Adoption Act 2010, or in relation to whom either civil partner is in loco parentis, where the other civil partner, being aware that he or she is not the parent of the child, has treated the child as a member of the family;”.

136. Amendment of section 29 of Act of 2010

136. Section 29 of the Act of 2010 is amended in subsection (2) by the substitution of the following paragraph for paragraph (a):

• “(a) the respective needs and resources of the civil partners and of any dependent child of the civil partners, and”.

137. Amendment of section 30 of Act of 2010

137. Section 30 of the Act of 2010 is amended—

• (a) in subsection (1) —

• (i) by the substitution of “depriving the applicant or a dependent child of the civil partners of his or her residence” for “depriving the applicant of his or her residence”, and

• (ii) by the substitution of “in the interest of the applicant or such child” for “in the interest of the applicant”,

and

• (b) in subsection (2) —

• (i) by the substitution of “deprived the applicant or a dependent child of the civil partners of his or her residence” for “deprived the applicant of his or her residence”, and

• (ii) by the substitution of “to compensate the applicant or such child” for “to compensate the applicant”.

138. Amendment of section 34 of Act of 2010

138. Section 34 of the Act of 2010 is amended—

• (a) in subsection (1), by the substitution of “make it difficult for the applicant or a dependent child of the civil partners to reside” for “make it difficult for the applicant to reside”, and

• (b) in subsection (4) —

• (i) by the substitution of “place the applicant or a dependent child of the civil partners” for “place the applicant”, and

• (ii) in paragraph (b), by the substitution of “make it difficult for the applicant or a dependent child of the civil partners to reside” for “make it difficult for the applicant to reside”.

139. Amendment of section 43 of Act of 2010

139. Section 43 of the Act of 2010 is amended in subsection (1), in the definition of “maintenance creditor”, by the substitution of “means the person who” for “means the civil partner who”.

140. Amendment of section 45 of Act of 2010

140. Section 45 of the Act of 2010 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1)

  • (a) Subject to subsection (3), where it appears to the court, on application to it by a civil partner, that the other civil partner has failed to provide maintenance for the applicant civil partner and any dependent child of the civil partners that is proper in the circumstances, the court may make an order that the other civil partner make to the applicant periodical payments for the support of the applicant and the dependent child of the civil partners, for the period during the lifetime of the applicant, of the amount and at the times that the court may consider proper.

  • (b) Subject to subsection (3), where a civil partner—

    • (i) is dead,

    • (ii) has deserted, or has been deserted by, the other civil partner, or

    • (iii) is living separately and apart from the other civil partner,

    and there is a dependent child of the civil partners (not being a child who is being fully maintained by either civil partner), then, if it appears to the court, on application to it by any person, that the surviving civil partner or, as the case may be, either civil partner has failed to provide such maintenance for the dependent child of the civil partners as is proper in the circumstances, the court may make an order that that civil partner make to that person periodical payments, for the support of the dependent child, for such period during the lifetime of that person, of such amount and at such times, as the court may consider proper.

  • (c) A maintenance order or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the civil partners and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the civil partners shall be made.”,

and

• (b) by the substitution of the following subsection for subsection (3):

• “(3) The court, in deciding whether to make a maintenance order and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case, including—

  • (a) the income, earning capacity, property and other financial resources of—

    • (i) the civil partners and any dependent child of the civil partners, and

    • (ii) any other dependent child of which either civil partner is a parent,

    including income or benefits to which either civil partner or any such child is entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of any dependent child granted to either parent of such child,

  • (b) the financial and other responsibilities of—

    • (i) the civil partners towards each other and towards any dependent child of the civil partners and the needs of any such child, including the need for care and attention,

    • (ii) each civil partner as a parent towards any other dependent child, and the needs of any such child, including the need for care and attention, and

    • (iii) each civil partner towards any former spouse or civil partner,

    and

  • (c) in relation to a maintenance order or part of a maintenance order for the benefit of the civil partner, the conduct of each civil partner, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard it.”.

141. Amendment of section 46 of Act of 2010

141. Section 46 of the Act of 2010 is amended—

• (a) in subsection (1), by the substitution of “the person for whose support it provides” for “the maintenance creditor”, and

• (b) by the insertion of the following subsections after subsection (3):

• “(4) That part of a maintenance order which provides for the support of a dependent child shall stand discharged when the child ceases to be a dependent child by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it under subsection (1) or (2), if it is satisfied that the child has for any reason ceased to be a dependent child for the purposes of the order.

• (5) Desertion by, or conduct of, a civil partner shall not be a ground for discharging or varying any part of a maintenance order that provides for the support of a dependent child of the civil partners.”.

142. Amendment of section 47 of Act of 2010

142. Section 47 of the Act of 2010 is amended by the substitution of “the needs of the persons for whose support the maintenance order is sought and the other circumstances” for “the needs of the applicant and the other circumstances”.

143. Amendment of section 48 of Act of 2010

143. Section 48 of the Act of 2010 is amended—

• (a) in subsection (1), by the substitution of “the interests of the civil partners and any dependent child of the civil partners” for “the interests of the civil partners”,

• (b) in subsection (2)(a), by the substitution of “the other civil partner or of any dependent child of the civil partners or of both that other civil partner and any dependent child of the civil partners” for “the other civil partner”, and

• (c) in subsection (3), by the substitution of “sections 50 and 51, Part 6 and section 140” for “section 50, Part 6 and section 140”.

144. Amendment of section 51 of Act of 2010

144. Section 51 of the Act of 2010 is amended—

• (a) in subsection (1), by the substitution of “on making a maintenance order or a variation order” for “on making a maintenance order under section 45”, and

• (b) by the insertion of the following subsection after subsection (2):

• “(2A) Where the court makes an order under subsection (1) that is for the benefit of a child, the court may specify in the order the manner in which, or purpose for which, the payment or payments referred to in that subsection are to be applied, including in providing suitable accommodation for the child to whom the order relates.”.

145. Amendment of section 52 of Act of 2010

145. Section 52 of the Act of 2010 is amended by the substitution of “on making a maintenance order or a variation order” for “on making a maintenance order under section 45”.

146. Failure to make payments and certificate of outstanding payments

146. The Act of 2010 is amended by the insertion of the following sections in Part 5 after section 52: