The Law Reform Commission published a consultation paper on Legal Aspects of Family Relationships in 2009. The paper examined some of the aspects of family law that are directly relevant to same-sex couples and their children. The Commission invited any interested parties to make submissions to them on the basis of this consultation paper. The paper can be found here.
Noise‘ replying submission is below:
Media Contact: Noelle Moran/Paul Kenny, Noise Media
Noise Email: media@lgbtnoise.ie
Phone Noelle Moran/Paul Kenny (086 244 5137)
“Thursday’s decision is another huge blow to the well-being and security of hundreds of Irish families and in particular to vulnerable Irish children, says NOISE Organiser Paul Kenny.
“The current government refuses to recognise the rights, needs and even the very existence of gay parents and their children in the Civil Partnership Bill.
“With Thursday’s ruling, the Supreme Court has made it very clear that a gay couple with children cannot be considered a family under the provisions of the Irish Constitution.
“Our Constitution defines family as being based in marriage. There is now a moral obligation on the government to legislate as soon as possible for access to civil marriage for same-sex couples in order to allow then and their children to avail of all of the vital legal protections reserved for families. This is the only child-centred option.”
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Bill currently before Dáil. The proposed Bill will offer a number of legal rights to adults, but will not carry all the same rights and protections as Civil Marriage. Civil partners will not have access to family status offered in the Constitution. Families being raised by same-sex couples are not recognised or acknowledged – a registered civil partner will be unable to adopt their partner’s child and children will not be allowed to have a legal bond with their non-biological parent. This denies children access to maintenance, inheritance, visitation, next-of-kin and other rights with respect to one of their parents.
Noise was founded in 2007 to campaign for the lifting of the ban on Civil Marriage between same-sex couples in Ireland. It is an independent, party-politically unaffiliated organisation and seeks to reach out to all people, gay or straight, who believe in equality and human rights for all (see www.lgbtnoise.ie for more).
New Assisted Human Reproduction (AHR) regulations must respect family life of children born to gay and lesbian couples.
Religious conservative conference makes misguided claims about same-sex parents, says NOISE.
Media Contact: Noelle Moran/Paul Kenny, Noise Media
Noise Email: media@lgbtnoise.ie
Phone Noelle Moran/Paul Kenny (086 244 5137)
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Commenting on the ‘Making Babies’ conference, a gathering of well-known Irish religious conservatives organised by right-wing lobby group The Iona Institute in Dublin on Saturday, NOISE Organiser Paul Kenny said, “While the conference correctly highlighted the right of donor-conceived persons to information about sperm and egg donors, the religious-conservative agenda of the Iona Institute was never far below the surface.”
“Rather than stress the need for all donor-conceived children to be guaranteed legal protection for their family life, along with the opportunity for legal bonds with those who raise them, the conference was used to launch yet another attack on the well-being of gay parents and their children.”
Órla and Catherine Egan-Morley are a couple raising a son conceived with the help of a donor, and who campaign for the right of families headed by same-sex couples to have their family ties recognised through marriage and guardianship:
Catherine Egan-Morley said, “The best interests of children conceived through assisted reproduction lie in having their families respected and protected. Continuing to stigmatise children born through assisted reproduction, particularly those born to same-sex parents, is a retrograde step. Surely what is most important is not how a particular child was conceived, but that that child is wanted, cherished, loved and protected.
Órla Egan-Morley said, “Continuing to deny children of lesbians and gay men the right to legal protection and respect for their families is most certainly not a child-centred approach. When we fight for legal rights and respect for lesbian and gay families, what is foremost in our minds in not our rights, but the right of our son to have his family respected and protected. That is a truly child-centred approach. ”
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Notes to editors
The Iona Institute:
A conservative religious lobby group known mostly for its campaign against legal recognition for same-sex couples and their children.
Making Babies Conference, Saturday 5th December 2009:
Conference organised by the Iona Institute, addressed by prominent religious conservatives Dr John Murray (Mater Dei Institute, Iona Institute Board); Breda O’Brien (Irish Times columnist, Iona Institute patron) and chaired by John Waters (Irish Times columnist who has argued against legal recognition for same-sex couples and their families). Guest Speaker: Dr Joanna Rose, campaigner for the rights of donor-conceived persons.
The Civil Partnership Bill and Children:
Bill currently before Dáil. The proposed Bill will offer a number of legal rights to adults, but will not carry all the same rights and protections as Civil Marriage. Civil partners will not have access to family status offered in the Constitution. Families being raised by same-sex couples are not recognised or acknowledged – a registered civil partner will be unable to adopt their partner’s child and children will not be allowed to have a legal bond with their non-biological parent. This denies children access to maintenance, inheritance, visitation, next-of-kin and other rights with respect to one of their parents.
NOISE
Noise was founded in 2007 to campaign for the lifting of the ban on Civil Marriage between same-sex couples in Ireland. It is an independent, party-politically unaffiliated organisation and seeks to reach out to all people, gay or straight, who believe in equality and human rights for all (see www.lgbtnoise.ie for more).
“Not a single study has found children of lesbian or gay parents to be disadvantaged in any significant respect relative to children of heterosexual parents. Indeed, the evidence to date suggests that home environments provided by lesbian and gay parents are as likely as those provided by heterosexual parents to support and enable children’s psychosocial growth.” American Psychological Association (APA)
“More than 25 years of research have documented that there is no relationship between parents’ sexual orientation and any measure of a child’s emotional, psychosocial, and behavioural adjustment. These data have demonstrated no risk to children as a result of growing up in a family with 1 or more gay parents. Conscientious and nurturing adults, whether they are men or women, heterosexual or homosexual, can be excellent parents. The rights, benefits, and protections of civil marriage can further strengthen these families.” American Academy of Pediatrics (AAP)
”Accumulated evidence suggests the best interest of the child requires attachment to committed, nurturing and competent parents. Evaluation of an individual or couple for these parental qualities should be determined without prejudice regarding sexual orientation. Gay and lesbian individuals and couples are capable of meeting the best interest of the child and should be afforded the same rights and should accept the same responsibilities as heterosexual parents.” American Psychoanalytic Association
Children are being raised by same-sex partners in Ireland today, but they are disadvantaged because they do not have the same rights and protections as those being raised by married couples. The only way to let these children know that their families are valid and legally protected is to allow gay civil marriage
American Academy of Pedriatics
Children who are born to or adopted by 1 member of a same-sex couple deserve the security of 2 legally recognized parents. Therefore, the American Academy of Pediatrics supports legislative and legal efforts to provide the possibility of adoption of the child by the second parent or coparent in these families.
Read the full report here.
An interesting news report outlining how the science on LGBT families is being distorted
Read the full report here.
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