On Thursday, January 25, a new bill ensuring legal equality for children born to same-sex female parents was debated in the Dáil. Labour Party leader Ivana Bacik introduced the proposed law, which was developed in conjunction with LGBT Ireland and Equality for Children.

The Children and Family Relationships (Amendment) Bill 2023 closes various gaps created by the original legislation, particularly where a child has been conceived abroad, outside of a clinical setting or using a known donor before May 4, 2020. It also includes protections for children born outside of Ireland.

It additionally ensures that all court applications under the Bill will have the child’s best interests as the paramount consideration, and rights the wrongs of previous legislation that only allows declarations of parentage to be transferred if the genetic father was unknown.

Speaking following the debate on her bill, Bacik called on the Government to do right by LGBTQ+ families, particularly same-sex female parents. She also criticised Health Minister Stephen Donnelly for significantly delaying proceedings.

She stated: “Rather than engaging with us on the issues, I am disappointed that the Minister for Health has brought an amendment to delay future debate on this important bill by 9 months. The fact is, the existing law – the Children and Family Relationships Act 2015 – deprives more than half of children born into LGBTQ+ families from having a legal parent-child relationship with both parents.

“This is manifestly unfair, and runs counter to the equality that a resounding majority of people voted for in the 2015 Marriage Equality Referendum,” she continued.

Importantly, the TD noted that the legal inequality “is much more than symbolic”, saying “it can have major implications for a child’s citizenship, inheritance, and more, or in the event of marital breakup or a parental death”.

“Parenting by its nature is filled with worries – about how a child is faring at school, whether they are getting along well with their friends, and whether they might become sick or injured. For non-biological parents whose relationship with their child is not recognised in law, these concerns are amplified.”

She added: “In a child’s eyes there is no difference between their biological and non-biological parent. And there should be no difference in the eyes of the law, either. The place of your birth or the mechanics of your conception should not determine whether or not you can have a full legal relationship with your parents.”

With the great advocates from @lgbt.ie ⁦@equalchildren⁩ ⁦@labourlgbtq⁩ after #Dáil debate this evening on our #childrensrights bill – despite Gov motion to delay for 9 months, we’ll keep working to achieve #equality ⁦@MaeveDelargy⁩ ⁦@claireoconnelll⁩ pic.twitter.com/dYsmOCe1Wv

— Ivana Bacik (@ivanabacik) January 25, 2024

Despite his amendment, Bacik welcomed Minister Donnelly’s indication that he would engage further with her and relevant advocacy on the matter.

She concluded: “Like many groups which have been historically marginalised in Ireland, the LGBTQ+ community has had to fight for its rights…However, they should not have to fight and campaign for equal treatment. I am calling on the Minister to work meaningfully with us and to abandon plans to kick these proposals down the road for nine months.”

Equality for Children similarly responded to the developments, saying “Yesterday was an important day in Dáil Éireann & for LGBTQ+ families across Ireland”.

The organisation welcomed “the Government’s acceptance of six of the nine key asks of the Bill,” but said, “We still also insist that the Bill be accepted in full, as unless all proposed elements are accepted, children across Ireland now and in the future, will be left out of the legislation and #stillnotequal”.

“We have concerns that an impending General Election could impact the delivery of this but hope that (Minister Donnelly) and Government will stand to their promise to LGBTQ+ families regardless,” Equality for Children continued.

⚖️(1/5) Yesterday was an important day in Dáil Éireann & for LGBTQ+ families across Ireland as we watched, some from the gallery, others on @OireachtasTV from home, our political representatives debate @Labour Private Members’ Bill to amend the Children & Family Relationship Act https://t.co/bOgjBAPlGk

— Equality for Children (@equalchildren) January 26, 2024