As the 10-year anniversary of the marriage referendum has been celebrated this past week, many of the issues still affecting same-sex couples have been brought to attention.
One such issue is that of parental rights.
Lunchtime Live listener Joe said that he only has legal rights to one of his two children, who were conceived through surrogacy in Canada.
“We followed the Canadian legal system, we did everything that we were meant to do over there, we ended up as the only legal parents of our children in Canada,” he said.
“We arrived back home, and because we are two men listed on a birth cert, Ireland looks at that and says, ‘That’s not possible’.
“So, now we’re into a legal minefield in Ireland of, I don’t have a legal right to my daughter because genetically we’re not connected, and my husband doesn’t have a legal right to our son because genetically they’re not connected.
“Despite the fact that they’ve been living with us since they’ve been born, we’re their legal guardians in Canada where they were born – so there’s a lot that needs to be done.”
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While Joe said the public health system “is quite understanding of our situation”, and the couple has never been put in an “awkward position”, he technically cannot make any life changing decisions in regard to his daughter’s care.
He also said this has complications down the line when it comes to inheritance.
“Also, she’s missing out on what every other child in Ireland has, which is a legal protection with both of her parents,” Joe said.
“If myself and Martin, god forbid, if we split up in the morning, I can walk away with Tadhg and he can’t contest that, and he can walk away with Muireann and I can’t contest that.”
According to Joe, legislation was signed last year that would allow him to have a legal connection with his daughter, but it is yet to be enacted.
Main image: Girl shopping with gay parents. Image: Igor Mojzes / Alamy. 9 September 2018
