Children and Family Relationships Act 2015


Number 9 of 2015


CHILDREN AND FAMILY RELATIONSHIPS ACT 2015

REVISED

Updated to 19 October 2017


This Revised Act is an administrative consolidation of the Children and Family Relationships Act 2015. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Mediation Act 2017 (27/2017), enacted 2 October 2017, and all statutory instruments up to and including Adoption (Amendment) Act 2017 (Commencement) Order 2017 (S.I. No. 443 of 2017), made 16 October 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 9 of 2015


CHILDREN AND FAMILY RELATIONSHIPS ACT 2015

REVISED

Updated to 19 October 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Civil Registration Acts 2004 to 2015 : this Act is one of a group of Acts included in this collective citation ( Children and Family Relationships Act 2015 (9/2015), s. 1(2)). The Acts in this group are:

Civil Registration Act 2004 (3/2004)

Civil Registration (Amendment) Act 2005 (19/2005)

Social Welfare (Miscellaneous Provisions) Act 2008 (28/2008), s. 25

Civil Registration (Amendment) Act 2012 (48/2012)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), Part 3

Civil Registration (Amendment) Act 2014 (34/2014)

Children and Family Relationships Act 2015 (9/2015), Part 9

Adoption Acts 2010 to 2015 : this Act is one of a group of Acts included in this collective citation ( Children and Family Relationships Act 2015 (9/2015), s. 1(3)). The Acts in this group are:

Adoption Act 2010 (21/2010)

Child Care (Amendment) Act 2011 (19/2011)

Adoption (Amendment) Act 2013 (44/2013)

Children and Family Relationships Act 2015 (9/2015), Part 11 (repealed)

Child Care Acts 1991 to 2015 : this Act is one of a group of Acts included in this collective citation ( Child Care (Amendment) Act 2015 (45/2015), s. 16(2)). The Acts in this group are:

Child Care Act 1991 (19/1991)

Children Act 2001 (24/2001), ss. 7-15 and 267

Health Act 2004 (42/2004), s. 75 in so far as it amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2007 (26/2007), s. 1(2), Part 2 and s. 21 in so far as s. 21 amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2011 (19/2011), ss. 1 - 26, 28 - 31, 34, 46 and 48

Child Care (Amendment) Act 2013 (5/2013)

Children and Family Relationships Act 2015 (9/2015) s. 175

Child Care (Amendment) Act 2015 (45/2015), other than ss. 14 and 15

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1993, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Mediation Act 2017 (27/2017)

Adoption (Amendment) Act 2017 (19/2017)

Marriage Act 2015 (35/2015)

All Acts up to and including Mediation Act 2017 (27/2017), enacted 2 October 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Children and Family Relationships Act 2015 (Commencement) Order 2017 (S.I. No. 355 of 2017)

District Court (Children and Family Relationships Act 2015) Rules 2016 (S.I. No. 17 of 2016)

Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 12 of 2016)

Children and Family Relationships Act 2015 (Part 10) (Commencement) Order 2015 (S.I. No. 263 of 2015)

All statutory instruments up to and including Adoption (Amendment) Act 2017 (Commencement) Order 2017 (S.I. No. 443 of 2017), made 16 October 2017, were considered in the preparation of this revision.


Number 9 of 2015


CHILDREN AND FAMILY RELATIONSHIPS ACT 2015

REVISED

Updated to 19 October 2017


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

47. Amendment of section 6 of Act of 1964

48. Amendment of section 6A of Act of 1964

49. Insertion in Act of 1964 of sections 6B to 6E

50. Power of parents to appoint testamentary guardians

51. Amendment of section 8 of Act of 1964

52. Insertion of section 8A in Act of 1964

53. Amendment of section 11 of Act of 1964

54. Amendment of section 11A of Act of 1964

55. Amendment of section 11B of Act of 1964

56. Amendment of section 11D of Act of 1964

57. Relatives and certain persons may apply for custody of child

58. Additional powers of court in relation to applications under this Act

59. Amendment of section 18(2) of Act of 1964

60. Insertion in Act of 1964 of sections 18A to 18D

61. Amendment of section 23 of Act of 1964

62. Amendment of section 27 of Act of 1964

63. Insertion of Part V in Act of 1964

PART 5

Amendments to Succession Act 1965

64. Amendment of section 3 of Act of 1965

65. Amendment of section 4A of Act of 1965

66. Amendment of section 27A of Act of 1965

67. Amendment of section 67A of Act of 1965

68. Amendment of section 72A of Act of 1965

69. Amendment of section 117 of Act of 1965

70. Amendment of section 121 of Act of 1965

PART 6

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

71. Amendment of section 3 of Act of 1976

72. Amendment of section 5A of Act of 1976

73. Maintenance by cohabitants of certain dependent children

74. Amendment of section 6 of Act of 1976

75. Amendment of section 8A of Act of 1976

76. Amendment of section 10 of Act of 1976

77. Amendment of section 21A of Act of 1976

78. Amendment of section 23 of Act of 1976

PART 7

Amendments to Status of Children Act 1987

79. Amendment of section 33 of Act of 1987

80. Amendment of section 35 of Act of 1987

81. Amendment of section 37 of Act of 1987

82. Amendment of section 38 of Act of 1987

83. Amendment of section 39 of Act of 1987

84. Amendment of section 40 of Act of 1987

85. Amendment of section 41 of Act of 1987

86. Amendment of section 42 of Act of 1987

87. Amendment of section 43 of Act of 1987

88. Amendment of section 46 of Act of 1987

PART 8

Amendments to Family Law Act 1995

89. Amendment of section 2 of Act of 1995

90. Amendment of section 41 of Act of 1995

91. Amendment of section 42 of Act of 1995

PART 9

Amendments to Civil Registration Act 2004

92. Amendment of section 2 of Act of 2004

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

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

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

96. Miscellaneous amendments to Act of 2004

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

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

99. Amendment of First Schedule to Act of 2004

PART 10

Amendment to Passports Act 2008

100. Amendment to Passports Act 2008

PART 11

Amendments to Adoption Act 2010

101. Definition (Part 11) (Repealed)

102. Amendment of section 3 of Principal Act (Repealed)

103. Amendment of section 4 of Principal Act (Repealed)

104. Amendment of section 11 of Principal Act (Repealed)

105. Amendment of section 12 of Principal Act (Repealed)

106. Amendment of section 16 of Principal Act (Repealed)

107. Amendment of section 17 of Principal Act (Repealed)

108. Amendment of section 18 of Principal Act (Repealed)

109. No pre-placement consultation required (Repealed)

110. Amendment of section 20 of Principal Act (Repealed)

111. Amendment of section 21 of Principal Act (Repealed)

112. Amendment of section 30 of Principal Act (Repealed)

113. Amendment of section 32 of Principal Act (Repealed)

114. Amendment of section 33 of Principal Act (Repealed)

115. Amendment of section 34 of Principal Act (Repealed)

116. Amendment of section 37 of Principal Act (Repealed)

117. Amendment of section 38 of Principal Act (Repealed)

118. Amendment of section 40 of Principal Act (Repealed)

119. Amendment of section 41 of Principal Act (Repealed)

120. Amendment of section 43 of Principal Act (Repealed)

121. Amendment of section 58 of Principal Act (Repealed)

122. Amendment of section 59 of Principal Act (Repealed)

123. Amendment of section 60 of Principal Act (Repealed)

124. Amendment of section 61 of Principal Act (Repealed)

125. Amendment of section 62 of Principal Act (Repealed)

126. Amendment of section 68 of Principal Act (Repealed)

127. Amendment of section 69 of Principal Act (Repealed)

128. Amendment of section 78 of Principal Act (Repealed)

129. Amendment of section 79 of Principal Act (Repealed)

130. Amendment of section 97 of Principal Act (Repealed)

131. Amendment of section 125 of Principal Act (Repealed)

132. Amendment of section 144 of Principal Act (Repealed)

133. Amendment of section 145 of Principal Act (Repealed)

134. Amendment of Schedule 3 to Principal Act (Repealed)

PART 12

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

135. Amendment of section 2 of Act of 2010

136. Amendment of section 29 of Act of 2010

137. Amendment of section 30 of Act of 2010

138. Amendment of section 34 of Act of 2010

139. Amendment of section 43 of Act of 2010

140. Amendment of section 45 of Act of 2010

141. Amendment of section 46 of Act of 2010

142. Amendment of section 47 of Act of 2010

143. Amendment of section 48 of Act of 2010

144. Amendment of section 51 of Act of 2010

145. Amendment of section 52 of Act of 2010

146. Failure to make payments and certificate of outstanding payments

147. Birth and funeral expenses of dependent child

148. Custody of dependent children of civil partners after decree of nullity

149. Amendment of section 109 of Act of 2010

150. Amendment of section 110 of Act of 2010

151. Amendment of section 113 of Act of 2010

152. Amendment of section 115 of Act of 2010

153. Amendment of section 116 of Act of 2010

154. Amendment of section 117 of Act of 2010

155. Amendment of section 118 of Act of 2010

156. Amendment of section 119 of Act of 2010

157. Amendment of section 120 of Act of 2010

158. Amendment of section 121 of Act of 2010

159. Amendment of section 122 of Act of 2010

160. Amendment of section 123 of Act of 2010

161. Amendment of section 124 of Act of 2010

162. Amendment of section 125 of Act of 2010

163. Amendment of section 129 of Act of 2010

164. Amendment of section 131 of Act of 2010

165. Restriction in relation to orders for benefit of dependent children of civil partners

166. Amendment of section 133 of Act of 2010

167. Amendment of section 137 of Act of 2010

168. Amendment of section 138 of Act of 2010

169. Amendment of section 140 of Act of 2010

170. Custody of dependent children and social reports

171. Amendment of section 142 of Act of 2010

172. Orders under Family Law (Maintenance of Spouses and Children) Act 1976

PART 13

Miscellaneous Consequential Amendments to Other Acts

173. Amendment of section 2 of Redundancy Payments Act 1967

174. Amendment of section 1 of Unfair Dismissals Act 1977

175. Amendment of section 20 of Child Care Act 1991

176. Amendment of Maternity Protection Act 1994

177. Amendment of section 2 of Adoptive Leave Act 1995

178. Amendment of section 6 of Parental Leave Act 1998

179. Amendment of section 3 of Protection of Children (Hague Convention) Act 2000

180. Amendment of section 2 of Student Support Act 2011



Number 9 of 2015


CHILDREN AND FAMILY RELATIONSHIPS ACT 2015

REVISED

Updated to 19 October 2017


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:

Annotations:

Editorial Notes:

E1

Prospective affecting provision: Act included in definition of “family law proceedings” by Mediation Act 2017 (27/2017), s. 2(1), not commenced as of date of revision.

E2

Prospective affecting provision: collectively cited Child Care Acts excluded from application of Mediation Act 2017 by Mediation Act 2017 (27/2017), s. 3(1)(i), not commenced as of date of revision.