LGBT Ireland and the activist group Equality for Children have welcomed the commencement of Section 232 of the Health (Assisted Reproduction Act), which grants some children born to LGBTQ+ families the right to form a legal relationship with their non-birth parent. However, the organisations are also calling on the Irish government to expand legislation to provide protection for all LGBTQ+ families.

Last week, Ireland’s Minister for Health, Jennifer Carroll MacNeill, confirmed that Section 232 of the Health (Assisted Reproduction Act) will commence on April 20. This section covers children conceived through Intracervical Insemination (at-home insemination) and/or those conceived with a known donor, before May 2, 2020. Under this expansion of legislation, these children will be able to form a legal relationship with their non-birth parent.

From April 20, parents of children conceived through the aforementioned paths will be able to seek a declaration of parentage in court. If their application is successful, they will be able to update their child’s birth certificate to include their non-birth parent.

As LGBT Ireland notes, this section covers a limited number of families.

“This most typically impacts same-sex female couples, whose children were conceived before May 2020 outside of a fertility clinic,” the organisation said. “The majority of same-sex female couples do not have fertility issues and don’t require specialist fertility treatment in order to conceive.”

While LGBTQ+ groups have welcomed the expansion of the Assisted Reproduction Act, LGBT Ireland and Equality for Children have urged the government to address the “significant gaps” in legislation that leave many families without legal protection.

LGBT Ireland CEO Anne Byrne said: “We welcome the news that Section 232 will be commenced. It is one step forward towards ensuring equality for children of LGBTQI+ parents. We urge the Minister to continue this positive path – at pace – by amending and commencing the AHR Act and ensuring that all children born to LGBTQI+ parents have their rights vindicated and their families recognised in the eyes of the law. Children and parents have been waiting too long for equality.”

Irish activist Ranae von Meding, the CEO of Equality for Children, also welcomed the announcement and recognised that some LGBTQ+ families covered by Section 232 have been waiting for this update for decades. However, she also called on the Irish government to expand the act to include more LGBTQ+ families.

“We need to ensure that the government continues on with the promises that were made to our families, and brings forward the amending legislation as a matter of urgency,” she said. “So many families, including mine, will remain in a legal limbo until this happens.

“It’s important to note that many families never got to see this day. Many parents have passed away, even over the last year, and the delay in commencing Section 232 has robbed them of having that opportunity. It’s something we should all learn from. Families and children do not always have the time to wait on the achingly slow progress of the government.”