Children and Family Relationships Act 2015
Number 9 of 2015
CHILDREN AND FAMILY RELATIONSHIPS ACT 2015
REVISED
Updated to 1 April 2021
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 the Family Leave and Miscellaneous Provisions Act 2021 (4/2021), enacted 27 March 2021, and all statutory instruments up to and including the Family Leave and Miscellaneous Provisions Act 2021 (Commencement) Order 2021 (S.I. No. 148 of 2021), made 30 March 2021, 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 1 April 2021
CONTENTS
Preliminary and General
Section
1. Short title, collective citations and commencement
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
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 (Repealed)
178. Amendment of section 6 of Parental Leave Act 1998
179. Amendment of section 3 of Protection of Children (Hague Convention) Act 2000
Acts Referred to
Adoption Act 2010 (No. 21)
Adoption Acts 2010 to 2013
Adoptive Leave Act 1995 (No. 2)
Child Care Act 1991 (No. 17)
Child Care Acts 1991 to 2013
Civil Legal Aid Act 1995 (No. 32)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Civil Registration Act 2004 (No. 3)
Civil Registration Acts 2004 to 2014
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11)
Criminal Justice (Mutual Assistance) Act 2008 (No. 7)
Enforcement of Court Orders Acts 1926 to 2009
Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11)
Family Law Act 1995 (No. 26)
Firearms Act 1925 (No. 17)
Guardianship of Children Acts 1964 to 1997
Guardianship of Infants Act 1964 (No. 7)
International Criminal Court Act 2006 (No. 30)
Judicial Separation and Family Law Reform Act 1989 (No. 6)
Land and Conveyancing Law Reform Act 2009 (No. 27)
Maternity Protection Act 1994 (No. 34)
Medical Practitioners Act 2007 (No. 25)
Nurses and Midwives Act 2011 (No. 41)
Parental Leave (Amendment) Act 2006 (No. 13)
Parental Leave Act 1998 (No. 30)
Passports Act 2008 (No. 4)
Protection of Children (Hague Convention) Act 2000 (No. 37)
Protection of Young Persons (Employment) Act 1996 (No. 16)
Redundancy Payments Act 1967 (No. 21)
Status of Children Act 1987 (No. 26)
Statutory Declarations Act 1938 (No. 37)
Student Support Act 2011 (No. 4)
Succession Act 1965 (No. 27)
Unfair Dismissals Act 1977 (No. 10)
Number 9 of 2015
CHILDREN AND FAMILY RELATIONSHIPS ACT 2015
REVISED
Updated to 1 April 2021
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
Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2(1), S.I. No. 591 of 2017.
E2
Collectively cited Child Care Acts excluded from application of Mediation Act 2017 (1.01.2018) by Mediation Act 2017 (27/2017), s. 3(1)(i),S.I. No. 591 of 2017.