{"html": "
59.Section 18(2) of the Act of 1964 is amended by the substitution of “parents” for “father and mother”.
\n

Insertion in Act of 1964 of sections 18A to 18D 60. The Act of 1964 is amended by the insertion of the following sections after section 18: “Enforcement orders 18A. (1) A guardian or parent of a child who has been— (a) granted, by order of the court made under this Act, custody of, or access to, that child, and (b) unreasonably denied such custody or access by another guardian or parent of that child, may apply to the court for an order (‘enforcement order’) under this section.

\n
(2)An application under subsection (1) shall be on notice to each guardian and parent of the child concerned.
\n
(3)Subject to subsection (4), the court, on an application under subsection (1), shall make an enforcement order only where it is satisfied that— (a) the applicant was unreasonably denied custody or access, as the case may be, by the other parent or guardian, (b) it is in the best interests of the child to do so, and (c) it is otherwise appropriate in the circumstances of the case to do so.
\n
(4)An enforcement order may provide for one or more than one of the following: (a) that the applicant be granted access to the child for such periods of time (being periods of time in addition to the periods of time during which the applicant has access to the child under the order referred to in subsection (1)(a)) that the court may consider necessary in order to allow any adverse effects on the relationship between the applicant and child caused by the denial referred to in subsection (1) to be addressed; (b) that the respondent reimburse the applicant for any necessary expenses actually incurred by the applicant in attempting to exercise his or her right under the order referred to in subsection (1)(a) to custody of, or access to, the child; (c) that the respondent or the applicant, or both, in order to ensure future compliance by them with the order referred to in subsection (1)(a) do one or more than one of the following: (i) attend, either individually or together, a parenting programme; (ii) avail, either individually or together, of family counselling; (iii) receive information, in such manner and in such form as the court may determine on the possibility of their availing of mediation as a means of resolving disputes between them, that adversely affect their parenting capacities, between the applicant and respondent.
\n
(5)An enforcement order shall not contain a provision referred to in subsection (4)(a) unless— (a) the child, to the extent possible given his or her age and understanding, has had the opportunity to make his or her views on the matter known to the court, and (b) the court has taken the views (if any) of the child referred to in paragraph (a) into account in making the order.
\n
(6)Where the court, on an application under subsection (1), is of the opinion that the denial of custody or access was reasonable in the particular circumstances, it may— (a) refuse to make an enforcement order, or (b) make such enforcement order that it considers appropriate in the circumstances.
\n
(7)This section is without prejudice to the law as to contempt of court.
\n
(8)In this section— ‘family counselling’ means a service provided by a family counsellor in which he or she assists a person or persons— (a) to resolve or better cope with personal and interpersonal problems or difficulties relating to, as the case may be, his, her or their marriage, civil partnership, cohabitation or parenting of a child, or (b) to resolve or better cope with personal and interpersonal problems or difficulties, or issues relating to the care of children, where the person or persons is or are affected, or likely to be affected, by separation, divorce, the dissolution of a civil partnership or the ending of a relationship of cohabitation; ‘family counsellor’ means a person who has the requisite skill and judgment to provide family counselling; ‘parenting programme’ means a programme that is designed to assist (including by the provision of counselling services or the teaching of techniques to resolve disputes) a person in resolving problems that adversely affect the carrying out of his or her parenting responsibilities.
\n

Person presumed to have seen order of court 18B. A person shall be deemed to have been given or shown a copy of an order made under this Act if that person was present at the sitting of the court at which such order was made.

\n

Power of court to vary or terminate custody or access enforcement order 18C. (1) The court may, on application by a person granted by order of the court made under this Act, custody of, or access to a child, make an order varying or terminating an enforcement order or any part of that order.

\n
(2)The court may, in proceedings to vary or terminate a custody or access order, in those proceedings vary or terminate an enforcement order that relates to that custody or access order.
\n

Enforcement of custody or access order 18D. (1) Where a guardian or parent of a child— (a) has been granted, by order of the court made under this Act, custody of, or access to that child, and (b) fails, without reasonable notice to another guardian or parent of the child, to exercise the right concerned, the other parent or guardian of the child may apply to the court for an order requiring the first-mentioned guardian or parent to reimburse to the second-mentioned guardian or parent any necessary expenses actually incurred by that guardian or parent as a result of the failure of the first-mentioned guardian or parent to exercise that right.

\n
(2)In this section, and section 18A, ‘necessary expenses’ include the following: (a) travel expenses; (b) lost remuneration; (c) any other expenses the court may allow.”.
\n

Amendment of section 23 of Act of 1964 61. Section 23 of the Act of 1964 is amended by— (a) designating the section as subsection (1), and (b) by inserting the following subsections after subsection (1): “(2) Subsection (1) does not apply to— (a) an admission by a party that indicates a child has been abused or is at risk of abuse, or (b) a disclosure by a child that indicates the child has been abused or is at risk of abuse.

\n
(3)In this section, ‘abuse’ means physical, sexual or emotional abuse.”.
\n

Amendment of section 27 of Act of 1964 62. Section 27 of the Act of 1964 is amended in subsection (1) by the substitution of “section 6A, 6C, 6E, 11, 11B or 11E” for “section 6A, 11 or 11B”.

\n

Insertion of Part V in Act of 1964 63. The Act of 1964 is amended by the insertion of the following after Part IV: “Part V Best interests of the Child Determination by court of best interests of child 31. (1) In determining for the purposes of this Act what is in the best interests of a child, the court shall have regard to all of the factors or circumstances that it regards as relevant to the child concerned and his or her family.

\n
(2)The factors and circumstances referred to in subsection (1) include: (a) the benefit to the child of having a meaningful relationship with each of his or her parents and with the other relatives and persons who are involved in the child’s upbringing and, except where such contact is not in the child’s best interests, of having sufficient contact with them to maintain such relationships; (b) the views of the child concerned that are ascertainable (whether in accordance with section 32 or otherwise); (c) the physical, psychological and emotional needs of the child concerned, taking into consideration the child’s age and stage of development and the likely effect on him or her of any change of circumstances; (d) the history of the child’s upbringing and care, including the nature of the relationship between the child and each of his or her parents and the other relatives and persons referred to in paragraph (a), and the desirability of preserving and strengthening such relationships; (e) the child’s religious, spiritual, cultural and linguistic upbringing and needs; (f) the child’s social, intellectual and educational upbringing and needs; (g) the child’s age and any special characteristics; (h) any harm which the child has suffered or is at risk of suffering, including harm as a result of household violence, and the protection of the child’s safety and psychological well-being; (i) where applicable, proposals made for the child’s custody, care, development and upbringing and for access to and contact with the child, having regard to the desirability of the parents or guardians of the child agreeing to such proposals and co-operating with each other in relation to them; (j) the willingness and ability of each of the child’s parents to facilitate and encourage a close and continuing relationship between the child and the other parent, and to maintain and foster relationships between the child and his or her relatives; (k) the capacity of each person in respect of whom an application is made under this Act— (i) to care for and meet the needs of the child, (ii) to communicate and co-operate on issues relating to the child, and (iii) to exercise the relevant powers, responsibilities and entitlements to which the application relates.
\n
(3)For the purposes of subsection (2)(h), the court shall have regard to household violence that has occurred or is likely to occur in the household of the child, or a household in which the child has been or is likely to be present, including the impact or likely impact of such violence on: (a) the safety of the child and other members of the household concerned; (b) the child’s personal well-being, including the child’s psychological and emotional well-being; (c) the victim of such violence; (d) the capacity of the perpetrator of the violence to properly care for the child and the risk, or likely risk, that the perpetrator poses to the child.
\n
(4)For the purposes of this section, a parent’s conduct may be considered to the extent that it is relevant to the child’s welfare and best interests only.
\n
(5)In any proceedings to which section 3(1)(a) applies, the court shall have regard to the general principle that unreasonable delay in determining the proceedings may be contrary to the best interests of the child.
\n
(6)In obtaining the ascertainable views of a child for the purposes of subsection (2)(b), the court— (a) shall facilitate the free expression by the child of those views and, in particular, shall endeavour to ensure that any views so expressed by the child are not expressed as a result of undue influence, and (b) may make an order under section 32.
\n
(7)In this section ‘household violence’ includes behaviour by a parent or guardian or a household member causing or attempting to cause physical harm to the child or another child, parent or household member, and includes sexual abuse or causing a child or a parent or other household member to fear for his or her safety or that of another household member.
\n

Power of court to make certain orders 32. (1) In proceedings to which section 3(1)(a) applies, the court may, by order, do either or both of the following: (a) give such directions as it thinks proper for the purpose of procuring from an expert a report in writing on any question affecting the welfare of the child; or (b) appoint an expert to determine and convey the child’s views.

\n
(2)An order under subsection (1) may be made by the court of its own motion or on application to it in that behalf by a party to the proceedings and, in deciding whether to make an order, the court shall have regard to any views expressed to it in relation to the matter by or on behalf of a party to the proceedings concerned or any other person to whom they relate.
\n
(3)Without prejudice to the generality of subsection (1), the court, in deciding whether to make an order under that subsection, shall, in particular, have regard to the following: (a) the age and maturity of the child; (b) the nature of the issues in dispute in the proceedings; (c) any previous report under subsection (1)(a) on a question affecting the welfare of the child; (d) the best interests of the child; (e) whether the making of the order will assist the expression by the child of his or her views in the proceedings; (f) the views expressed by a person referred to in subsection (2).
\n
(4)A copy of a report under subsection (1)(a) may be provided in evidence in the proceedings and shall be given to— (a) the parties to the proceedings concerned, and (b) subject to subsection (5), if he or she is not a party to the proceedings, to the child concerned.
\n
(5)In determining whether a report obtained under subsection (1)(a) should be furnished to the child to whom it relates, the court shall have regard to the following: (a) the age and maturity of the child and the capacity of the child to understand the report; (b) the impact on the child of reading the report and the effect it may have on his or her relationship with his or her parents or guardians; (c) the best interests of the child; (d) whether the best interests of the child would be better served by the furnishing of the report to the parent, guardian, next friend of the child or an expert appointed under subsection (1)(b), rather than to the child himself or herself.
\n
(6)An expert appointed under subsection (1)(b) shall— (a) ascertain the maturity of the child, (b) where requested by the court, ascertain whether or not the child is capable of forming his or her views on the matters that are the subject of the proceedings, and report to the court accordingly, (c) where paragraph (b) does not apply, or where paragraph (b) applies and the expert ascertains that the child is capable of forming his or her own views on the matters that are the subject of the proceedings— (i) ascertain the views of the child either generally or on any specific questions on which the court may seek the child’s views, and (ii) furnish to the court a report, which shall put before the court any views expressed by the child in relation to the matters to which the proceedings relate.
\n
(7)The court or a party to proceedings to which this section applies may call as a witness in the proceedings an expert appointed under subsection (1).
\n
(8)Where, in proceedings referred to in subsection (1), the court has made an order under paragraph (a) or (b) of subsection (1), nothing in this section shall prevent the court from— (a) making a further order under either or both of those paragraphs, or (b) in making such a further order, appointing the same or a different expert to perform the function concerned.
\n
(9)The fees and expenses of an expert appointed under subsection (1) shall be paid by such parties to the proceedings concerned and in such proportions, or by such party to the proceedings, as the court may determine.
\n
(10)The Minister may, in consultation with the Minister for Children and Youth Affairs, by regulation specify— (a) the qualifications and experience of an expert appointed under this section, and (b) the fees and allowable expenses that may be charged by such an expert.
\n
(11)Without prejudice to the generality of subsection (10), regulations under that subsection may provide for: (a) the qualifications, and the minimum level of professional experience, to be held by an expert, (b) the minimum standards that shall apply to the performance by an expert of his or her functions under this section, and (c) such other matters as the Minister considers necessary to ensure that experts are capable of performing their functions under this section.”.
\n

PART 5

\n

Amendments to Succession Act 1965 Amendment of section 3 of Act of 1965 64. Section 3 of the Act of 1965 is amended in subsection (1) by the insertion of the following definition: “ ‘Act of 2015’ means the Children and Family Relationships Act 2015;”.

\n

Amendment of section 4A of Act of 1965 65.Section 4A of the Act of 1965 is amended— (a) in subsection (1), by the substitution of “Subject to subsection (1A), in deducing any relationship” for “In deducing any relationship”, (b) by the insertion of the following subsection after subsection (1): “(1A) In deducing any relationship for the purposes of this Act, the relationship between every donor-conceived child (within the meaning of the Act of 2015) and his or her parents shall be determined in accordance with section 5 of the Act of 2015 and all other relationships shall be determined accordingly.”, (c) in subsection (2), by the substitution of “Subject to subsection (2A) (inserted by section 65 (d) of the Act of 2015), where a person” for “Where a person”, and (d) by the insertion of the following subsection after subsection (2): “(2A) The reference to father in subsection (2) does not include a man who is, under section 5 of the Act of 2015, a parent of the first-mentioned person referred to in that subsection.”.

\n

Amendment of section 27A of Act of 1965 66. The Act of 1965 is amended in section 27A— (a) by designating the section as subsection (1), (b) in subsection (1) (as designated by paragraph (a))— (i) by the substitution of “Subject to subsection (2), for the purpose of the application” for “For the purpose of the application”, and (ii) by the substitution of “whose parents have not married each other or whose parents are not civil partners of each other” for “whose parents have not married each other” in each place it occurs, and (c) by the insertion of the following subsections after subsection (1): “(2) Subsection (1) shall not apply in relation to a person whose parents have not married each other or whose parents are not civil partners of each other where— (a) the person has been adopted by a cohabiting couple— (i) under an adoption order, or (ii) outside the State, where that adoption is recognised by virtue of the law for the time being in force in the State, or (b) they are the parents, under section 5 of the Act of 2015, of the person.

\n
(3)In this section— “ ‘Act of 2010’ means the Adoption Act 2010 ; ‘adoption order’ has the same meaning as it has in section 3(1) of the Act of 2010; ‘cohabiting couple’ has the same meaning as it has in section 3(1) (amended by section 102 of the Act of 2015) of the Act of 2010.”.
\n

Amendment of section 67A of Act of 1965 67. Section 67A of the Act of 1965 is amended— (a) in subsection (2)(a), by the substitution of “subject to subsections (3), (3A) (inserted by section 67(c) of the Act of 2015), (4), (5), (6) and (7) ” for “subject to subsections (3) to (7) ”, (b) in subsection (3), by the substitution of “Subject to subsection (3A), the court may” for “The court may”, and (c) by the insertion of the following subsection after subsection (3): “(3A) An application may not be made under subsection (3) by or on behalf of a child of an intestate where that child is also the child of the surviving civil partner.”.

\n

Amendment of section 72A of Act of 1965 68. Section 72A of the Act of 1965 is amended in paragraph (b) by the substitution of “the spouse, civil partner or a direct lineal ancestor” for “the spouse or a direct lineal ancestor”.

\n

Amendment of section 117 of Act of 1965 69. Section 117 of the Act of 1965 is amended by the substitution of the following subsection for subsection (3A): “(3A) An order under this section— (a) where the surviving civil partner is a parent of the child, shall not affect the legal right of that surviving civil partner or any devise or bequest to the civil partner or any share to which the civil partner is entitled on intestacy, or (b) where the surviving civil partner is not a parent of the child, shall not affect the legal right of the surviving civil partner unless the court, after consideration of all the circumstances, including the testator’s financial circumstances and his or her obligations to the surviving civil partner, is of the opinion that it would be unjust not to make the order.”.

\n

Amendment of section 121 of Act of 1965 70. Section 121 of the Act of 1965 is amended in subsection (6) by the substitution of “spouse or civil partner, as the case may be,” for “spouse” in each place it occurs.

\n

PART 6

\n

Amendments to Family Law (Maintenance of Spouses and Children) Act 1976 Amendment of section 3 of Act of 1976 71. Section 3 of the Act of 1976 is amended in subsection (1) — (a) in the definition of “antecedent order”, by the insertion of the following paragraph after paragraph (d): “(da) an order under section 8A of this Act (in so far as it is deemed under that section to be a maintenance order),”, (b) in the definition of “maintenance debtor”, by the substitution of “person” for “spouse” wherever it occurs, (c) in the definition of “maintenance order”, by the substitution of “an order under section 5, 5A, 5B or 5C” for “an order under either section 5 or 5A”, and (d) by the insertion of the following definitions: “ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; ‘civil partner’ shall be construed in accordance with section 3 of the Act of 2010; ‘cohabitant’ shall be construed in accordance with section 172(1) of the Act of 2010 and includes a former cohabitant;”.

\n

Amendment of section 5A of Act of 1976 72. Section 5A of the Act of 1976 is amended— (a) by the substitution of “whose parents are not married to each other and are not civil partners of each other” for “whose parents are not married to each other” wherever it occurs, and (b) in subsection (3)(b), by the substitution of the following subparagraph for subparagraph (i): “(i) a spouse or a civil partner,”.

\n

Maintenance by cohabitants of certain dependent children 73. The Act of 1976 is amended by the insertion of the following sections after section 5A: “Maintenance order (liability of cohabitant to other cohabitant in respect of child of other cohabitant) 5B. (1) This section applies to a cohabitant of a person (in this section referred to as the maintenance applicant) who is a parent of, or who is in loco parentis to, a dependent child who is under the age of 18 years where the cohabitant— (a) is not the parent of the dependent child, and (b) is a guardian of the dependent child appointed under section 6C of the Guardianship of Infants Act 1964.

\n
(2)Subject to subsection (3) of this section, where it appears to the Court, on application to it by a maintenance applicant, that the applicant’s cohabitant has failed to provide such maintenance for a dependent child referred to in subsection (1) of this section as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the cohabitant make to the maintenance applicant periodical payments, for the support of the child, for such period during the lifetime of the maintenance applicant, of such amount and at such times, as the Court may consider proper.
\n
(3)The Court, in deciding whether to make a maintenance order under this section for the support of a dependent child referred to in subsection (1) of this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, in so far as is practicable, to the following matters— (a) the income, earning capacity (if any), property and other financial resources of— (i) the cohabitant, (ii) the maintenance applicant, (iii) the child, and (iv) any other dependent children of the maintenance applicant or the cohabitant, including income or benefits to which the maintenance applicant, the cohabitant, the child or such other dependent children are entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of the child or other dependent children granted to either parent of any such children, and (b) the financial and other responsibilities of the maintenance applicant and the cohabitant concerned towards— (i) a spouse, civil partner or cohabitant, (ii) the child, and (iii) any other dependent children of the maintenance applicant or the cohabitant, and the needs of such children, including the need for care and attention.
\n

Maintenance order (liability of cohabitant to any person in respect of child of other cohabitant) 5C. (1) This section applies to a cohabitant (in this section called the relevant cohabitant) of a person who is a parent of, or who is in loco parentis to, a dependent child who is under the age of 18 years where the relevant cohabitant— (a) is not the parent of the dependent child, and (b) is a guardian of the child appointed under section 6C of the Guardianship of Infants Act 1964 .

\n
(2)Subject to subsection (3) of this section, where it appears to the Court, on application to it by any person, that the relevant cohabitant has failed to provide such maintenance for a dependent child referred to in subsection (1) of this section as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the relevant cohabitant make to the person periodical payments, for the support of the dependent child, for such period during the lifetime of that person, of such amount and at such times, as the Court may consider proper.
\n
(3)The Court, in deciding whether to make a maintenance order under this section for the support of a dependent child referred to in subsection (1) of this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, in so far as is practicable, to the following matters— (a) the income, earning capacity (if any), property and other financial resources of— (i) the relevant cohabitant, (ii) the child, and (iii) any other dependent children of the relevant cohabitant, including income or benefits to which the relevant cohabitant, the child or such other dependent children are entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of the child or other dependent children granted to either parent of such children, and (b) the financial and other responsibilities of the relevant cohabitant towards— (i) a spouse, civil partner or cohabitant, (ii) the child, and (iii) any other dependent children of the relevant cohabitant, and the needs of any such children, including the need for care and attention.
\n
(4)The Court shall not make a maintenance order under subsection (2) of this section in relation to a relevant cohabitant in respect of a dependent child referred to in subsection (1) of this section if a maintenance order is in force under section 5B of this Act requiring that cohabitant to make periodical payments for the support of the child unless— (a) the cohabitant is not complying with the order under section 5B of this Act, and (b) the Court, having regard to all the circumstances, thinks it proper to do so, but, if the Court makes the order under the said subsection (2), any amounts falling due for payment under the order under the said section 5B on or after the date of the making of the order under the said subsection (2) shall not be payable.”.
\n

Amendment of section 6 of Act of 1976 74. Section 6 of the Act of 1976 is amended— (a) in subsection (3), by the substitution of “Subject to subsection (3A) of this section, that part of a maintenance order” for “That part of a maintenance order”, and (b) by the insertion of the following subsection after subsection (3): “(3A) A maintenance order made under section 5B or 5C of this Act shall stand discharged when the person for whose benefit the order was made attains the age of 18 years.”.

\n

Amendment of section 8A of Act of 1976 75. Section 8A of the Act of 1976 is amended by the substitution of “who are not married to each other and are not civil partners of each other enter into an agreement” for “who are not married to each other enter into an agreement”.

\n

Amendment of section 10 of Act of 1976 76. Section 10 of the Act of 1976 is amended in subsection (3)(b)(i) by the substitution of “whether the person concerned” for “whether the spouse concerned”.

\n

Amendment of section 21A of Act of 1976 77. Section 21A of the Act of 1976 is amended in subsection (1) by the substitution of the following paragraph for paragraph (b): “(b) in relation to a dependent child whose parents are not married to each other and are not civil partners of each other, a parent,”.

\n

Amendment of section 23 of Act of 1976 78. Section 23 of the Act of 1976 is amended— (a) in subsection (1), by the substitution of “proceedings under sections 5, 5A, 5B, 5C, 6, 7, 9 and 21A of this Act” for “proceedings under sections 5, 5A, 6, 7, 9 and 21A of this Act”, (b) in subsection (2) — (i) in paragraph (b), by the substitution of “under section 5, 5A, 5B, 6, 7 or 9” for “under section 5, 6, 7 or 9”, and (ii) in paragraph (c), by the substitution of “under section 5, 5A, 5B, 6, 7 or 9” for “under section 5, 6, 7 or 9”, and (c) by the substitution of the following subsection for subsection (3): “(3) In proceedings under this Act, each party to the proceedings shall give to the other party such particulars of his or her financial circumstances, including property and income, and in so far as is practicable, the financial circumstances of his or her dependent children, as may reasonably be required for the purpose of the proceedings.”.

\n

PART 7

\n

Amendments to Status of Children Act 1987 Amendment of section 33 of Act of 1987 79. Section 33 of the Act of 1987 is amended by the insertion of the following definitions: “ ‘Act of 2015’ means the Children and Family Relationships Act 2015; ‘adopted person’ has the same meaning as in section 3(2)(b) of this Act; ‘donor-conceived child’ has the same meaning as in Part 2 of the Act of 2015; ‘parent’ includes a second parent; ‘second parent’, in relation to a donor-conceived child, means a person who is a parent of the child under section 5

\n
(1)(b) of the Act of 2015, other than a person who is a parent under that section by virtue of a declaration obtained under section 21 or 22 of that Act.”.
\n

Amendment of section 35 of Act of 1987 80. Section 35 of the Act of 1987 is amended— (a) by the substitution of the following subsection for subsection (1): “(1) A person specified in subsection (1A) of this section may apply to the Court for a declaration under this section that— (a) a person named in the application is or is not the mother, (b) a person named in the application is or is not the father or second parent, or (c) 2 persons named in the application are or are not the parents, of a person (other than a person who is an adopted person) named in the application (in this section referred to as the ‘person concerned’).”, (b) by the insertion of the following subsections after subsection (1): “(1A) An application for a declaration under this section may be made, in relation to a person concerned, by— (a) the person concerned, (b) any person seeking a declaration that he or she is the mother, father or second parent of the person concerned, or (c) any person seeking a declaration that he or she is not the mother, father or second parent of the person concerned. (1B) Where an application for a declaration under this section is made by a person referred to in paragraph (b) or (c) of subsection (1A) of this section in relation to a person concerned, the person concerned shall be joined as a party to the proceedings.”, (c) in subsection (3), by the substitution of “Where an application for a declaration under this section is made in relation to a person concerned who was not born in the State, the person making the application shall specify” for “Where a person not born in the State makes an application for a declaration by virtue of subsection (1)(b) of this section, he shall specify”, (d) by the deletion of subsection (4), and (e) by the substitution of the following subsection for subsection (8): “(8) Where on an application under subsection (1) of this section it is proved on the balance of probabilities that— (a) a person named in the application is or is not the mother, (b) a person so named is or is not the father or second parent, or (c) persons so named are or are not the parents, of the person concerned, the Court shall make the declaration accordingly.”.

\n

Amendment of section 37 of Act of 1987 81. Section 37 of the Act of 1987 is amended by— (a) the deletion of the definitions of “blood samples” and “blood test”, and (b) the insertion of the following definitions: “ ‘Act of 2015’ means the Children and Family Relationships Act 2015; ‘bodily sample’ means any of the following taken or to be taken from a person for the purpose of a DNA test: (a) a swab from the mouth; (b) a sample of saliva or hair (other than pubic hair); (c) a blood sample; ‘DNA’ means deoxyribonucleic acid; ‘DNA test’ means any test carried out under this Part with the object of examining and analysing a bodily sample in order to derive, in relation to the person from whom the sample is taken, information comprising a set of identification characteristics of that person’s DNA; ‘DAHR procedure’ has the same meaning as in section 20 of the Act of 2015; ‘donor-conceived child’ has the same meaning as in Part 2 of the Act of 2015; ‘parent’ means— (a) in relation to a person who is not a donor-conceived child, his or her mother or father, and (b) in relation to a donor-conceived child, a person who— (i) provided a gamete that was used in the DAHR procedure that resulted in the child’s birth, and (ii) is the mother of the child or is a parent of the child under section 5

\n
(1)(b) of the Act of 2015;”.
\n

Amendment of section 38 of Act of 1987 82. Section 38 of the Act of 1987 is amended— (a) by the substitution of “bodily samples” for “blood samples” wherever it appears, and (b) in subsection (1), by the substitution of “DNA tests” for “blood tests”.

\n

Amendment of section 39 of Act of 1987 83. Section 39 of the Act of 1987 is amended— (a) by the substitution of “bodily sample” for “blood sample” wherever it appears, and (b) in subsection (3)(b), by the substitution of “DNA tests” for “blood tests”.

\n

Amendment of section 40 of Act of 1987 84. Section 40 of the Act of 1987 is amended— (a) by the substitution of “bodily samples” for “blood samples” wherever it appears, and (b) in subsection (6) — (i) in paragraph (a), by the substitution of “DNA tests” for “blood tests”, and (ii) in paragraph (b), by the substitution of “DNA test” for “blood test”, and by the substitution of “bodily sample” for “blood sample”.

\n

Amendment of section 41 of Act of 1987 85. Section 41 of the Act of 1987 is amended in subsection (2) — (a) in paragraph (a), by the substitution of “bodily samples” for “blood samples”, (b) in paragraph (b), by the substitution of “bodily sample” for “blood sample”, and (c) by the substitution of the following paragraph for paragraph (c): “(c) require any person from whom a bodily sample that is a blood sample is to be taken or, in such cases as may be prescribed by the regulations, such other person as may be so prescribed, to state in writing whether he had during such period as may be specified in the regulations— (i) suffered from any such illness as may be so specified, or (ii) received a transfusion of blood or such other medical treatment as may be so specified;”.

\n

Amendment of section 42 of Act of 1987 86. Section 42 of the Act of 1987 is amended— (a) in subsection (2), by the substitution of “bodily samples” for “blood samples”, and (b) in subsection (4), by the substitution of “bodily sample” for “blood sample”.

\n

Amendment of section 43 of Act of 1987 87. Section 43 of the Act of 1987 is amended— (a) by the substitution of “bodily sample” for “blood sample”, (b) by the substitution of “a class C fine” for “a fine not exceeding £1,000”, and (c) by the substitution of “a fine not exceeding €5,000” for “a fine not exceeding £2,500”.

\n

Amendment of section 46 of Act of 1987 88. Section 46 of the Act of 1987 is amended— (a) by the substitution of the following subsection for subsection (2): “(2) Notwithstanding subsection (1) of this section, where a married woman, being a woman who is living apart from her husband, gives birth to a child more than ten months after the date of her separation from her husband, then her husband shall be presumed not to be the father of the child unless the contrary is proved on the balance of probabilities.”, (b) by the insertion of the following subsection after subsection (2): “(2A) For the purposes of subsection (2) of this section, the date of the separation of a married woman from her husband shall be deemed to be— (a) the date on which a decree of divorce a mensa et thoro was granted in relation to them, (b) the date on which a decree of judicial separation was granted in relation to them, (c) the date on which a deed of separation was executed in relation to them, (d) the date on which a separation agreement was entered into by them, or (e) such other date as may be established by the woman.”, (c) in subsection (3), by the substitution of the following paragraph for paragraph (a): “(a) the birth of a child is registered in a register maintained under the Civil Registration Act 2004 , and”, and (d) by the insertion of the following subsection after subsection (4): “(5) In this section, ‘decree of judicial separation’ means a decree under section 3 of the Judicial Separation and Family Law Reform Act 1989 .”.

\n

PART 8

\n

Amendments to Family Law Act 1995 Amendment of section 2 of Act of 1995 89. Section 2 of the Act of 1995 is amended by the insertion of the following definition: “ ‘cohabitant’ shall be construed in accordance with section 172

\n
(1)of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and includes a former cohabitant;”.
\n

Amendment of section 41 of Act of 1995 90. Section 41 of the Act of 1995 is amended— (a) in paragraph (a), by the substitution of “that other spouse,” for “that other spouse, or”, (b) in paragraph (b)(ii), by the substitution of “of the family, or” for “of the family,”, (c) by the insertion of the following paragraph after paragraph (b): “(c) by a cohabitant to a parent of the child, or to another person specified in the order, of periodical payments for the support of a child,”, and (d) by the substitution of “order the person liable” for “order the spouse or parent liable”.

\n

Amendment of section 42 of Act of 1995 91. Section 42 of the Act of 1995 is amended— (a) in subsection (1), by the substitution of “paragraph (a), (b) or (c) of section 41” for “paragraph (a) or (b) of section 41”, and (b) by the insertion of the following subsection after subsection (2): “(2A) Where the court makes an order under subsection (1) that is for the benefit of a child, the court may specify in the order the manner in which, or purpose for which, the payment or payments referred to in that subsection are to be applied, including in providing suitable accommodation for the child to whom the order relates.”.

\n

PART 9

\n

Amendments to Civil Registration Act 2004 Amendment of section 2 of Act of 2004 92. Section 2(1) of the Act of 2004 is amended— (a) by the insertion of the following definitions: “ ‘Act of 2015’ means the Children and Family Relationships Act 2015; ‘donor-conceived child’ has the same meaning as it has in Part 2 of the Act of 2015; ‘parent’, in relation to a donor-conceived child, means the parent or parents of that child under section 5 of the Act of 2015;”, and (b) in the definition of “the required particulars”, by— (i) the substitution of the following for paragraphs (a) and (b): “(a) in relation to a birth or a living new born child found abandoned, the particulars specified in Part 1 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child; (b) in relation to a stillbirth the particulars specified in Part 2 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child;”, and (ii) the substitution of the following for paragraph (e): “(e) in relation to a death, the particulars specified in Part 5 of the First Schedule in relation to the deceased and, as applicable, the mother, father, parent and guardian of the deceased;”.

\n

Special provisions in relation to registration of birth of donor-conceived child 93. The Act of 2004 is amended by the insertion of the following after section 19: “19A. (1) Where a child who is a donor-conceived child is born, the person referred to in paragraph (a) or (b) of section 19(1) shall comply with that section in relation to the birth, and shall also give the following to the registrar— (a) the certificate furnished to the person under section 27

\n
(5)of the Act of 2015, (b) a statutory declaration referred to in subsection (2).
\n
(2)A statutory declaration referred to in subsection (1)(b) shall be in the form for the time being standing approved by an tArd-Chláraitheoir, and shall state— (a) the parent or parents of the child consented, in accordance with Part 2 of the Act of 2015, to being the parents, under section 5 of that Act, of the child, and (b) no person, other than the parent or parents referred to in paragraph (a), is the parent of the child.
\n
(3)Where section 19(3) applies in relation to a birth referred to in subsection (1), the qualified informant concerned shall comply with that section, and shall also give the following to the registrar— (a) the certificate referred to in subsection (1)(a), and (b) such evidence in his or her possession or within his or her power to so furnish relating to the consent by the parent or parents, or any other person, under Part 2 of the Act of 2015, to being the parents, under section 5 of that Act, of the child.
\n
(4)Where the mother of a child referred to in subsection (1) was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, and another person would, but for this subsection fall to be registered as a parent of the child under section 19, that person shall not be so registered unless the person complies with subsection (3) and subsections (3A) to (3H) of section 22(3).
\n
(5)Where— (a) paragraphs (i) to (iii) of section 19(1) and subsection (1), or (b) as the case may be, paragraphs (a) to (c) of section 19(3) and subsection (3), have been complied with in relation to a birth to which subsection (1) applies, the registrar concerned shall register the birth in accordance with this section and in such manner as an tArd-Chláraitheoir may direct.
\n
(6)In registering the birth of a child under this section, the registrar shall note on the register that the child is a child to whom subsection (1) applies.
\n
(7)A note referred to in subsection (6) shall not be shown on any birth certificate issued to the child.
\n
(8)Where— (a) the birth of a child has been registered other than under this section, and (b) the registrar receives information from the Minister for Health to the effect that the child is a child to whom subsection (1) applies, the registrar shall contact the persons who complied with section 19(1) in relation to the birth of the child and such other persons as he or she considers necessary, and make the enquiries necessary to determine whether the birth of the child should be re-registered under this section.
\n
(9)Where the registrar, having made the enquiries referred to in subsection (8), is of the opinion that the child concerned is a child to whom subsection (1) applies, he or she shall re-register the birth of the child under this section and enter in the register the name of the person who is, or persons who are, under section 5 of the Act of 2015, the parent or parents of the child.
\n
(10)Where a person whose birth was registered in accordance with this section and who has attained the age of 18 years applies for a birth certificate, the registrar shall contact that person to inform him or her that further information relating to him or her is available from the National Donor-Conceived Person Register.”.
\n

Sections 23 and 23A of Act of 2004 not to apply to donor-conceived child 94. Sections 23 and 23A of the Act of 2004 shall not apply to a donor-conceived child (within the meaning of Part 2).

\n

Re-registration of birth of donor-conceived child on foot of court order 95. The Act of 2004 is amended by the insertion of the following section after section 23A: “23B. (1) Where the birth of a child has been registered under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (‘the person’) as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the District Court under section 21 of the Act of 2015, or by the Circuit Court under section 22 of the Act of 2015, and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

\n
(2)Where the birth of a donor-conceived child has been registered, whether or not anybody other than the child’s mother has been registered as a parent of the child, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (‘the person’) as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the Circuit Court under section 35 of the Status of Children Act 1987 , and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.
\n
(3)A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.
\n
(4)Where a birth is re-registered under this section, the surname of the child entered in the register shall be— (a) that which was previously registered, or (b) a surname determined in accordance with Part 1 of the First Schedule.
\n
(5)Where one of the persons to whom subsection (1) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request.
\n
(6)Where one of the persons to whom subsection (2) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request and anybody registered as a parent, other than the mother, of the child, as the case may be.
\n
(7)When a birth is being re-registered under this section, the register shall be signed by— (a) the mother of the child, if she has made, or joined in the making of, the request under subsection (1) or (2), (b) the person declared by the court referred to in subsection (1) or (2) to be the parent of the child, if he or she has made, or joined in the making of, the request under that subsection, and (c) the child to whom the registration relates, if he or she has reached the age of 18 where he or she has made, or joined in the making of the request concerned under subsection (1) or (2).
\n
(8)The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chláraitheoir of a request in that behalf, and an tArd-Chláraitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be re-registered notwithstanding that a person referred to in paragraph (a), (b) or (c) of subsection (7) has not signed the register.
\n
(9)When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.
\n
(10)Where the person declared by the court referred to in subsection (1) or (2) to be the parent of the child is a male, he may be registered as the father of the child.”.
\n

Miscellaneous amendments to Act of 2004 96. (1) Section 22 (1K) of the Act of 2004 is amended by the substitution of “(1B)(ii)” for “(1B)(b)(ii)”.

\n
(2)Section 25A of the Act of 2004 is amended by the substitution of “(1K)” for “(1J)” in subsections (2) and (3).
\n

Registrar may take and receive statutory declaration under Guardianship of Infants Act 1964 97. The Act of 2004 is amended by the insertion of the following section after section 27: “27A. For the purposes of section 1

\n
(1)(d) of the Statutory Declarations Act 1938 , a registrar may, during the period of 14 days immediately following the date on which the birth of a child is registered or re-registered, take and receive a statutory declaration made under section 2
\n
(4)(e) or 6B(4)(c) of the Guardianship of Infants Act 1964 in respect of the child.”.
\n

Amendment of section 44C(2) of Act of 2004 98. Section 44C(2) of the Act of 2004 is amended by the insertion of the following subparagraph after subparagraph (xii): “(xiiA) forename and birth surname of parent of deceased;”.

\n

Amendment of First Schedule to Act of 2004 99. The First Schedule to the Act of 2004 is amended— (a) by the insertion in Part 1 of the following after “Birth surname of father’s mother”: “Forename(s) (if any) of parent.

\n

Date of birth of parent.

\n

Civil status of parent.

\n

Personal public service number of parent.

\n

Birth surname of parent’s mother.”, and (b) by the insertion in Part 2 of the following after “Birth surname of father’s mother”: “Forename(s) (if any) of parent.

\n

Date of birth of parent.

\n

Civil status of parent.

\n

Personal public service number of parent.

\n

Birth surname of parent’s mother.”, and (c) by the insertion in Part 5 of the following after “Forename(s) and birth surname of mother of deceased”: “Forename(s) and birth surname of parent of deceased”.

\n

PART 10

\n

Amendment to Passports Act 2008 Amendment to Passports Act 2008 100.

\n

Section 14

\n

of the Passports Act 2008 is amended— (a) by the substitution of the following for subsection (1): “(1) Subject to this section, the Minister shall, before issuing a passport to a child, be satisfied on reasonable grounds that— (a) where the child has 2 guardians, each guardian of the child, and (b) where the child has more than 2 guardians, not fewer than 2 of those guardians, consents to the issue of a passport to the child.”, (b) in subsection (5) — (i) by the insertion after “other guardian” in each place where it occurs of “or, if appropriate, the other guardians”, and (ii) in paragraph (a), by the substitution of “any other guardian” for “that other guardian”, and (c) by the insertion of the following subsection after subsection (5): “(5A) (a) Subject to this Act, and on application in that behalf to him or her in accordance with section 6 by a guardian of the child, the Minister may, without the consent to such issue of the other guardian or, if appropriate, the other guardians of the child, issue a passport to a child who is ordinarily resident outside the State, where— (i) a court or competent judicial or administrative authority of the state of ordinary residence of the child takes a measure directing that a passport may be issued to the child without the consent to such issue of the other guardian or, if appropriate, the other guardians of the child, or (ii) by operation of the law of the state of ordinary residence of the child, the requirements relating to the consent of the other guardian or, if appropriate, the other guardians of the child have been fulfilled. (b) Paragraph (a) is without prejudice to paragraph 2 of Article 23 of the Convention. (c) In this subsection— ‘Act of 2000’ means the Protection of Children (Hague Convention) Act 2000 ; ‘Convention’ has the meaning it has in section 1 of the Act of 2000; ‘guardian’, in relation to a child, includes a person exercising parental responsibility in respect of the child, within the meaning of paragraph 2 of Article 1 of the Convention; ‘measure’ has the meaning it has in section 1 of the Act of 2000; ‘state’ means a state that is another contracting state, within the meaning of section 1 of the Act of 2000.”.

\n

PART 11

\n

Amendments to Adoption Act 2010 Definition (Part 11) 101. In this Part, “Principal Act” means the Adoption Act 2010 .

\n

Amendment of section 3 of Principal Act 102. Section 3 of the Principal Act is amended in subsection (1) — (a) by the insertion of the following definitions: “ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; ‘Act of 2015’ means the Children and Family Relationships Act 2015; ‘civil partner’ shall be construed in accordance with section 3 of the Act of 2010; ‘cohabitant’ shall be construed in accordance with section 172(1) of the Act of 2010; ‘cohabiting couple’ means 2 adults who are cohabitants of each other and who have been living together as cohabitants for a continuous period of not less than 3 years; ‘donor-conceived child’ has the same meaning as it has in Part 2 of the Act of 2015; ‘father’, in relation to a child, includes a man who is, under section 5 of the Act of 2015, a parent of the child where that child is a donor-conceived child; ‘second female parent’, in relation to a child, means a woman (other than the mother) who is, under section 5 of the Act of 2015, a parent of the child where that child is a donor-conceived child;”, (b) in the definition of “guardian”, by the substitution of the following paragraph for paragraph (a): “(a) is a guardian of the child pursuant to the Guardianship of Infants Act 1964 other than a guardian appointed— (i) under section 6C of that Act where subsection (9) of that section applies to that appointment but the court has not made an order that that person enjoys the rights and responsibilities specified in subsection (11)(f) of that section, or (ii) under section 6E of that Act or”, (c) by the substitution of the following definition for the definition of “parent”: “ ‘parent’, in relation to a child, means the mother, father or second female parent of the child;”, and (d) in the definition of “relative” by the substitution of “relationship to the child being traced through a parent of that child” for “relationship to the child being traced through the mother or the father”.

\n

Amendment of section 4 of Principal Act 103. Section 4 of the Principal Act is amended in paragraph (k) by the substitution of “parents” for “birth parents” in each place it occurs.

\n

Amendment of section 11 of Principal Act 104. Section 11 of the Principal Act is amended by the insertion of the following definition: “ ‘second female parent’, in relation to a child, includes a woman who believes herself to be the second female parent of the child.”.

\n

Amendment of section 12 of Principal Act 105. Section 12 of the Principal Act is amended by the substitution of the following subsection for subsection (2): “(2) For the purposes of this section, ‘guardian’ does not include a parent of the child.”.

\n

Amendment of section 16 of Principal Act 106. The Principal Act is amended by the substitution of the following section for section 16: “Right to be consulted 16. (1) The father or second female parent of a child, by notice to the Authority, may advise the Authority of his or her wish to be consulted in relation to— (a) a proposal by an accredited body to place the child for adoption, or (b) an application by the mother or a relative of the child for an adoption order in respect of the child.

\n
(2)A notice under subsection (1) shall be in writing, be in such form and contain such information as is specified by the Authority and may be given to the Authority before the birth of the child concerned.”.
\n

Amendment of section 17 of Principal Act 107. Section 17 of the Principal Act is amended— (a) in subsection (1)(a), by the substitution of “the father or second female parent” for “the father”, (b) by the substitution of the following subsection for subsection (2): “(2) Subject to this section, sections 18 and 18A (inserted by section 109 of the Act of 2015), where an accredited body proposes to place a child for adoption, the accredited body, before placing the child for adoption, shall take such steps as are reasonably practicable to consult the father or second female parent, as the case may be, for the purposes of— (a) informing him or her of the proposed placement, (b) explaining the legal implications of, and the procedures related to, adoption, and (c) ascertaining whether or not he or she objects to the proposed placement.”, (c) in subsection (3) — (i) by the substitution of “Where the father or second female parent, as the case may be, indicates to the accredited body that he or she” for “Where the father indicates to the accredited body that he”, and (ii) in paragraph (b), by the substitution of the following subparagraph for subparagraph (i): “(i) notify the father or second female parent, as the case may be, and mother in writing in the prescribed manner that the accredited body is deferring the placement for the period specified in the notice, not being less than 21 days, commencing on the date of the notice, for the purpose of affording the father or second female parent, as the case may be, an opportunity to make an application to court under section 6A or 11

\n
(4)of the Guardianship of Infants Act 1964 , and”, and (d) in subsection (5)(b), by the substitution of “the father or second female parent, as the case may be,” for “the father” in each place it occurs.
\n

Amendment of section 18 of Principal Act 108. Section 18 of the Principal Act is amended— (a) in subsection (1), by the substitution of “the father or second female parent, as the case may be,” for “the father”, (b) in subsection (2), by the substitution of “the father or second female parent, as the case may be,” for “the father”, (c) in subsection (3), by the substitution of “the father or second female parent, as the case may be, indicating that he or she” for “the father indicating that he”, and (d) in subsection (4) — (i) by the substitution of “the father or second female parent, as the case may be,” for “the father” in each place it occurs, and (ii) by the substitution of the following paragraph for paragraph (b): “(b) the circumstances of the conception of the child, other than where the child is a donor-conceived child,”.

\n

No pre-placement consultation required 109. The Principal Act is amended by the insertion of the following section after section 18: “No pre-placement consultation required 18A. (1) Where an accredited body proposes to place a child for adoption and the mother or guardian of the child has furnished evidence to the accredited body that the child— (a) is a donor-conceived child, and (b) has no parent other than the mother, the accredited body shall furnish evidence of the matters referred to in paragraphs (a) and (b) to the Authority in such form and manner as the Authority specifies.

\n
(2)Where, having considered any evidence furnished by an accredited body under subsection (1), the Authority is satisfied that a child the accredited body proposes to place for adoption— (a) is a donor-conceived child, and (b) has no parent other than the mother, it may authorise that accredited body to place that child for adoption.”.
\n

Amendment of section 20 of Principal Act 110. Section 20 of the Principal Act is amended by the substitution of “a married couple, a couple who are civil partners of each other or a cohabiting couple” for “a married couple” in each place it occurs.

\n

Amendment of section 21 of Principal Act 111. Section 21 of the Principal Act is amended in subsection (2) by the substitution of “parents” for “birth parents”.

\n

Amendment of section 30 of Principal Act 112. Section 30 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) In this section— ‘father’, in relation to a child, includes a person who believes himself to be the father of the child; ‘second female parent’, in relation to a child, includes a woman who believes herself to be the second female parent of the child.”, (b) in subsection (2) by the substitution of “the father or second female parent” for “the father”, (c) in subsection (3) by the substitution of “the father or second female parent, as the case may be,” for “the father”, (d) by the insertion of the following subsection after subsection (3): “(3A) Where the Authority is satisfied under subsection (2) of section 18A of the matters referred to in paragraphs (a) and (b) of that subsection, it may make the adoption order.”, and (e) in subsection (4) — (i) by the substitution of “the father or second female parent, as the case may be,” for “the father” in each place it occurs, and (ii) by the substitution of the following paragraph for paragraph (b): “(b) the circumstances of conception of the child, other than where the child is a donor-conceived child,”.

\n

Amendment of section 32 of Principal Act 113. Section 32 of the Principal Act is amended— (a) by the substitution of the following paragraph for paragraph (b): “(b) the child’s mother, if the child is born of parents not married to each other or is the child of parents who are not civil partners of each other,”, and (b) by the substitution of “a married couple, a couple who are civil partners of each other or a cohabiting couple” for “a married couple”.

\n

Amendment of section 33 of Principal Act 114. Section 33 of the Principal Act is amended— (a) in subsection (1)(a) — (i) by the insertion of the following subparagraphs after subparagraph (i): “(ia) the applicants are civil partners of each other who are living together, (ib) the applicants are a cohabiting couple,”, and (ii) by the substitution of the following subparagraph for subparagraph (ii): “(ii) the applicant is a parent or a relative of the child, or”, (b) by the insertion of the following subsections after subsection (3): “(3A) Where an applicant— (a) for an adoption order, or (b) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3), is a civil partner of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that applicant’s civil partner, given in the manner determined by the Authority unless— (i) the applicant and the applicant’s civil partner are living apart under a separation agreement, (ii) the civil partner has deserted the applicant, or (iii) conduct on the part of the civil partner results in the applicant, with just cause, leaving the civil partner and living separately and apart from him or her. (3B) Where an applicant— (a) for an adoption order, or (b) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3), is a cohabitant of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that other person given in the manner determined by the Authority.”, (c) in subsection (4) — (i) in paragraph (a), by the substitution of “a married couple, a couple who are civil partners of each other or a cohabiting couple” for “a married couple”, (ii) in paragraph (b): (I) by the substitution of “a married couple, a couple who are civil partners of each other or a cohabiting couple” for “a married couple”, and (II) by the substitution of “a parent” for “the mother or father”, (d) in subsection (5), by the substitution of “a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple” for “a married couple living together”, and (e) in subsection (6), by the substitution of “a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple” for “a married couple living together”.

\n

Amendment of section 34 of Principal Act 115. Section 34 of the Principal Act is amended by the substitution of “a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple” for “a married couple living together”.

\n

Amendment of section 37 of Principal Act 116. Section 37 of the Principal Act is amended in subsection (1) by the substitution of “a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple” for “a married couple married to each other”.

\n

Amendment of section 38 of Principal Act 117. Section 38 of the Principal Act is amended in subsection (2) by the substitution of “each parent of the child” for “the birth parents of the child”.

\n

Amendment of section 40 of Principal Act 118. Section 40 of the Principal Act is amended— (a) in subsection (1), by the substitution of “a person, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple” for “a person or a married couple married to each other”, (b) in subsection (2), by the substitution of “a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple” for “a married couple living together” in each place it occurs, and (c) in subsection (4), by the substitution of “the person, married couple, civil partners or cohabiting couple” for “the person or married couple”.

\n

Amendment of section 41 of Principal Act 119. Section 41 of the Principal Act is amended by the substitution of “the person, the married couple, the civil partners or the cohabiting couple” for “the person or married couple” in each place it occurs.

\n

Amendment of section 43 of Principal Act 120. Section 43 of the Principal Act is amended— (a) in subsection (1) — (i) by the insertion of the following paragraph after paragraph (d): “(da) the second female parent of the child or a woman who believes herself to be the second female parent of the child;”, and (ii) in paragraph (e), by the substitution of “any guardian” for “the guardian”, and (b) by the insertion of the following subsection after subsection (5): “(6) In this section, ‘guardian’ includes any guardian of a child who stands appointed under the Guardianship of Infants Act 1964 .”.

\n

Amendment of section 58 of Principal Act 121. Section 58 of the Principal Act is amended— (a) by the substitution of the following paragraph for paragraph (a): “(a) the child concerned shall be considered, with regard to the rights and duties of parents and children in relation to each other— (i) as the child of the adopter or adopters born to him, her or them in lawful wedlock, (ii) where the adopters are a couple who are civil partners of each other, as the child of those adopters, or (iii) where the adopters are a cohabiting couple, as the child of those adopters,”, and (b) in paragraph (b), by the substitution of “the child’s father or second female parent, as the case may be” for “the child’s father”.

\n

Amendment of section 59 of Principal Act 122. Section 59 of the Principal Act is amended by the substitution of “parents” for “birth parents” in each place it occurs.

\n

Amendment of section 60 of Principal Act 123. Section 60 of the Principal Act is amended— (a) in subsection (2) — (i) by the substitution of “the adopter or adopters” for “the adopters”, and (ii) by the substitution of the following paragraph for paragraph (a): “(a) (i) the child of the adopter or adopters born to him, her or them in lawful wedlock; (ii) where the adopters are a couple who are civil partners of each other, the child of those adopters; or (iii) where the adopters are a cohabiting couple, the child of those adopters, and”, (b) in subsection (3) — (i) in paragraph (b), by the substitution of “parent or parents” for “birth parent or parents”, and (ii) in paragraph (c), by the substitution of the following subparagraph for subparagraph (i): “(i) (I) the child of the adopter or adopters born to him, her or them in lawful wedlock; (II) where the adopters are a couple who are civil partners of each other, the child of those adopters; or (III) where the adopters are a cohabiting couple, the child of those adopters, and”, (c) in subsection (4) — (i) in subparagraph (i), by the substitution of “whole blood,” for “whole blood, and”, and (ii) by the insertion of the following subparagraphs after subparagraph (i): “(ia) where the adopters are civil partners of each other and the other person is the child or adopted child of both civil partners, as brother or sister of the whole blood, (ib) where the adopters are a cohabiting couple and the other person is the child or adopted child of that couple, as brother or sister of the whole blood, and”, and (d) by the insertion of the following subsections after subsection (7): “(8) In this section references to adopters being a couple who are civil partners of each other shall be read as including references to adopters who were civil partners of each other at the time the adoption order concerned was made or the intercountry adoption effected outside the State concerned was recognised, as the case may be, but who are no longer civil partners of each other at the time of the disposition of the property concerned.

\n
(9)In this section references to adopters being a cohabiting couple shall be read as including references to adopters who were living together as a cohabiting couple at the time the adoption order concerned was made or the intercountry adoption effected outside the State concerned was recognised, as the case may be, but who are no longer living together as a cohabiting couple at the time of the disposition of the property concerned.”.
\n

Amendment of section 61 of Principal Act 124. The Principal Act is amended by the substitution of the following section for section 61: “61. For the purposes of stamp duties chargeable on conveyances or transfers of land, an adopted person shall be considered— (a) as the child of the adopter or adopters born to him, her or them in lawful wedlock, (b) where the adopters are a couple who are civil partners of each other, as the child of the adopters born while the adopters were civil partners of each other, or (c) where the adopters are a cohabiting couple, as the child of the adopters born while the adopters were a cohabiting couple.”.

\n

Amendment of section 62 of Principal Act 125. Section 62 of the Principal Act is amended by the substitution of “a parent” for “the birth parent” in each place it occurs.

\n

Amendment of section 68 of Principal Act 126. Section 68 of the Principal Act is amended in subsection (2)(b) by the substitution of “a parent” for “a birth parent”.

\n

Amendment of section 69 of Principal Act 127. Section 69 of the Principal Act is amended in subsection (2)(b) by the substitution of “a parent” for “a birth parent”.

\n

Amendment of section 78 of Principal Act 128. Section 78 of the Principal Act is amended in subsection (2)(b) by the substitution of “a parent” for “a birth parent”.

\n

Amendment of section 79 of Principal Act 129. Section 79 of the Principal Act is amended in subsection (2)(b) by the substitution of “a parent” for “a birth parent”.

\n

Amendment of section 97 of Principal Act 130. Section 97 of the Principal Act is amended in subsection (1) by the substitution of the following paragraph for paragraph (b): “(b) governing the consultation that is required by this Act to be carried out with the father, or the person who believes himself to be the father, or the second female parent, or the person who believes herself to be the second female parent, of a child before the child is placed for adoption or before an adoption order is made in respect of the child.”.

\n

Amendment of section 125 of Principal Act 131. Section 125 of the Principal Act is amended— (a) in subsection (2)(b) — (i) in subparagraph (ii), by the substitution of “child,” for “child, or”, (ii) in subparagraph (iii), by the substitution of “child,” for “child.”, and (iii) by the insertion of the following subparagraphs after subparagraph (iii): “(iv) the civil partner of a parent of the child, or (v) the cohabitant of a parent of the child where the cohabitant and that parent are a cohabiting couple.”, and (b) in subsection (3) — (i) in paragraph (c), by the substitution of “child,” for “child, or”, and (ii) by the insertion of the following paragraphs after paragraph (c): “(ca) the civil partner of a parent of the child, (cb) the cohabitant of a parent of the child where the cohabitant and that parent are a cohabiting couple, or”.

\n

Amendment of section 144 of Principal Act 132. Section 144 of the Principal Act is amended— (a) by designating the section as subsection (1), and (b) by the insertion of the following subsection after subsection (1): “(2) In this section, ‘guardian’ includes any guardian of a child who stands appointed under the Guardianship of Infants Act 1964 .”.

\n

Amendment of section 145 of Principal Act 133. Section 145 of the Principal Act is amended by the insertion of the following subsection after subsection (5): “(6) In this section, ‘guardian’ includes any guardian of a child who stands appointed under the Guardianship of Infants Act 1964 .”.

\n

Amendment of Schedule 3 to Principal Act 134. Schedule 3 to the Principal Act is amended by the substitution of “Civil status (within the meaning of section 2(1) (amended by section 7 of the Act of 2010) of the Civil Registration Act 2004 ) of adopter or adopters” for “Marital status of adopter or adopters”.

\n

PART 12

\n

Amendments to Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 Amendment of section 2 of Act of 2010 135. Section 2 of the Act of 2010 is amended by the insertion of the following definitions: “ ‘dependent child’ means a child who is— (a) under the age of 18 years, or (b) 18 years of age or over and— (i) is, or will be or, if an order were made under this Act providing for periodical payments for his or her support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or (ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully; ‘dependent child of the civil partners’, in relation to a couple who are civil partners of each other, or either of those civil partners, means a dependent child— (a) of both civil partners, or adopted by both civil partners under the Adoption Act 2010 , or in relation to whom both civil partners are in loco parentis, or (b) of either civil partner, or adopted by either civil partner under the Adoption Act 2010 , or in relation to whom either civil partner is in loco parentis, where the other civil partner, being aware that he or she is not the parent of the child, has treated the child as a member of the family;”.

\n

Amendment of section 29 of Act of 2010 136. Section 29 of the Act of 2010 is amended in subsection (2) by the substitution of the following paragraph for paragraph (a): “(a) the respective needs and resources of the civil partners and of any dependent child of the civil partners, and”.

\n

Amendment of section 30 of Act of 2010 137. Section 30 of the Act of 2010 is amended— (a) in subsection (1) — (i) by the substitution of “depriving the applicant or a dependent child of the civil partners of his or her residence” for “depriving the applicant of his or her residence”, and (ii) by the substitution of “in the interest of the applicant or such child” for “in the interest of the applicant”, and (b) in subsection (2) — (i) by the substitution of “deprived the applicant or a dependent child of the civil partners of his or her residence” for “deprived the applicant of his or her residence”, and (ii) by the substitution of “to compensate the applicant or such child” for “to compensate the applicant”.

\n

Amendment of section 34 of Act of 2010 138. Section 34 of the Act of 2010 is amended— (a) in subsection (1), by the substitution of “make it difficult for the applicant or a dependent child of the civil partners to reside” for “make it difficult for the applicant to reside”, and (b) in subsection (4) — (i) by the substitution of “place the applicant or a dependent child of the civil partners” for “place the applicant”, and (ii) in paragraph (b), by the substitution of “make it difficult for the applicant or a dependent child of the civil partners to reside” for “make it difficult for the applicant to reside”.

\n

Amendment of section 43 of Act of 2010 139. Section 43 of the Act of 2010 is amended in subsection (1), in the definition of “maintenance creditor”, by the substitution of “means the person who” for “means the civil partner who”.

\n

Amendment of section 45 of Act of 2010 140. Section 45 of the Act of 2010 is amended— (a) by the substitution of the following subsection for subsection (1): “(1) (a) Subject to subsection (3), where it appears to the court, on application to it by a civil partner, that the other civil partner has failed to provide maintenance for the applicant civil partner and any dependent child of the civil partners that is proper in the circumstances, the court may make an order that the other civil partner make to the applicant periodical payments for the support of the applicant and the dependent child of the civil partners, for the period during the lifetime of the applicant, of the amount and at the times that the court may consider proper. (b) Subject to subsection (3), where a civil partner— (i) is dead, (ii) has deserted, or has been deserted by, the other civil partner, or (iii) is living separately and apart from the other civil partner, and there is a dependent child of the civil partners (not being a child who is being fully maintained by either civil partner), then, if it appears to the court, on application to it by any person, that the surviving civil partner or, as the case may be, either civil partner has failed to provide such maintenance for the dependent child of the civil partners as is proper in the circumstances, the court may make an order that that civil partner make to that person periodical payments, for the support of the dependent child, for such period during the lifetime of that person, of such amount and at such times, as the court may consider proper. (c) A maintenance order or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the civil partners and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the civil partners shall be made.”, and (b) by the substitution of the following subsection for subsection (3): “(3) The court, in deciding whether to make a maintenance order and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case, including— (a) the income, earning capacity, property and other financial resources of— (i) the civil partners and any dependent child of the civil partners, and (ii) any other dependent child of which either civil partner is a parent, including income or benefits to which either civil partner or any such child is entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of any dependent child granted to either parent of such child,

\n

(b) the financial and other responsibilities of— (i) the civil partners towards each other and towards any dependent child of the civil partners and the needs of any such child, including the need for care and attention, (ii) each civil partner as a parent towards any other dependent child, and the needs of any such child, including the need for care and attention, and (iii) each civil partner towards any former spouse or civil partner, and (c) in relation to a maintenance order or part of a maintenance order for the benefit of the civil partner, the conduct of each civil partner, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard it.”.

\n

Amendment of section 46 of Act of 2010 141. Section 46 of the Act of 2010 is amended— (a) in subsection (1), by the substitution of “the person for whose support it provides” for “the maintenance creditor”, and (b) by the insertion of the following subsections after subsection (3): “(4) That part of a maintenance order which provides for the support of a dependent child shall stand discharged when the child ceases to be a dependent child by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it under subsection (1) or (2), if it is satisfied that the child has for any reason ceased to be a dependent child for the purposes of the order.

\n
(5)Desertion by, or conduct of, a civil partner shall not be a ground for discharging or varying any part of a maintenance order that provides for the support of a dependent child of the civil partners.”.
\n

Amendment of section 47 of Act of 2010 142. Section 47 of the Act of 2010 is amended by the substitution of “the needs of the persons for whose support the maintenance order is sought and the other circumstances” for “the needs of the applicant and the other circumstances”.

\n

Amendment of section 48 of Act of 2010 143. Section 48 of the Act of 2010 is amended— (a) in subsection (1), by the substitution of “the interests of the civil partners and any dependent child of the civil partners” for “the interests of the civil partners”, (b) in subsection (2)(a), by the substitution of “the other civil partner or of any dependent child of the civil partners or of both that other civil partner and any dependent child of the civil partners” for “the other civil partner”, and (c) in subsection (3), by the substitution of “sections 50 and 51, Part 6 and section 140” for “section 50, Part 6 and section 140”.

\n

Amendment of section 51 of Act of 2010 144. Section 51 of the Act of 2010 is amended— (a) in subsection (1), by the substitution of “on making a maintenance order or a variation order” for “on making a maintenance order under section 45”, and (b) by the insertion of the following subsection after subsection (2): “(2A) Where the court makes an order under subsection (1) that is for the benefit of a child, the court may specify in the order the manner in which, or purpose for which, the payment or payments referred to in that subsection are to be applied, including in providing suitable accommodation for the child to whom the order relates.”.

\n

Amendment of section 52 of Act of 2010 145. Section 52 of the Act of 2010 is amended by the substitution of “on making a maintenance order or a variation order” for “on making a maintenance order under section 45”.

\n

Failure to make payments and certificate of outstanding payments 146. The Act of 2010 is amended by the insertion of the following sections in Part 5 after section 52: “Failure to make payments to be contempt of court 52A. (1) Subject to this section it shall be contempt of court for a maintenance debtor to fail to make a payment due under an antecedent order.

\n
(2)As respects a contempt of court arising pursuant to this section, a judge of the District Court shall, subject to this section, have such powers, including the power to impose a sanction, as are exercisable by a judge of the High Court in relation to contempt of court in proceedings before the High Court.
\n
(3)Where a payment under an antecedent order made by the District Court has not been made, the maintenance creditor may apply to the District Court clerk concerned for the issue of a summons directing the maintenance debtor to appear before the District Court.
\n
(4)A summons referred to in subsection (3) shall— (a) be issued by the District Court clerk concerned, (b) contain a statement that failure to make a payment in accordance with the order concerned constitutes a contempt of court and giving details of the consequences of the court finding that a contempt of court has taken place including in particular the possibility of imprisonment, (c) state that the maintenance debtor may be arrested if he or she fails to appear before the District Court as directed in the summons, and (d) be served on the maintenance debtor personally, or in such other manner authorised by a judge of the District Court.
\n
(5)If the maintenance debtor fails, without reasonable excuse, to appear before the court in answer to the summons, the judge of the District Court, on the application of the maintenance creditor, shall, if satisfied that the debtor was served with the summons, issue a warrant for the arrest of the maintenance debtor.
\n
(6)A maintenance debtor arrested pursuant to a warrant issued under subsection (5) shall be brought as soon as practicable before the District Court.
\n
(7)Where a maintenance debtor is arrested and brought before the District Court under subsection (6), the judge shall fix a new date for the hearing of the summons and direct that the creditor be informed by the District Court by notice in writing of the date so fixed, and shall explain to the debtor in ordinary language— (a) that he or she is required to attend before the court at the date next fixed for the hearing of the summons, (b) that failure to attend may in itself constitute a contempt of court and the consequences of such contempt, including in particular the possibility of imprisonment, and that such contempt and the consequences which may follow are in addition to the consequences arising by reason of failure to make a payment under the antecedent order, and (c) that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995 .
\n
(8)At the hearing of the summons, before hearing evidence from any party the judge shall explain to the debtor in ordinary language— (a) the consequences, and in particular the possibility of imprisonment, which may follow a failure to make a payment in accordance with an antecedent order, and (b) unless the maintenance debtor has already been so informed under subsection (7), that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995 .
\n
(9)On the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, if the judge is satisfied that the payment concerned has not been made, and— (a) that the failure to make the payment concerned is due to— (i) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or (ii) some other reason not attributable to any act or omission of the maintenance debtor, the judge may, where he or she believes that to do so would improve the likelihood of the payment concerned being made within a reasonable period, adjourn the hearing— (I) to enable the outstanding payment to be made, or (II) to enable an application to be made for an attachment of earnings order under section 53, (b) that the failure to make the payment concerned is due to the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later) the judge may, where the antecedent order was made by the District Court, treat the hearing as an application to vary the antecedent order, and having heard evidence as to the financial circumstances of both the maintenance debtor and the maintenance creditor, make an order varying the antecedent order.
\n
(10)Where on the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, the judge is satisfied that the payment concerned has not been made and that the failure to make the payment concerned is not due to— (a) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or (b) some other reason not attributable to any act or omission of the maintenance debtor, the judge may treat the failure by the maintenance debtor to make the payment concerned as constituting contempt of court and the judge may deal with the matter accordingly.
\n
(11)Where a maintenance debtor to whom subsection (7) applies does not attend court on the date fixed for the hearing of the summons the judge may treat such failure to attend court as constituting contempt of court and the judge may deal with the matter accordingly.
\n
(12)In this section ‘financial circumstances’ means, in relation to a person— (a) the amount of the person’s annual income, (b) the aggregate value of all property (real and personal) belonging to the person, (c) the aggregate of all liabilities of the person including any duty (moral or legal) to provide financially for members of his or her family or other persons, (d) the aggregate of all monies owing to the person, the dates upon which they fall due to be paid and the likelihood of their being paid, and (e) such other circumstances as the court considers appropriate.
\n
(13)This section does not apply unless the antecedent order concerned was actually made by the District Court.
\n

Certificate of outstanding payments 52B. Where, pursuant to section 50, a court has made a maintenance order, a variation order or an interim order and directed that payments under the order be made to the District Court clerk, in any proceedings under this Act or under the Enforcement of Court Orders Acts 1926 to 2009, a certificate purporting to be signed by the relevant District Court clerk as to the amount of monies outstanding on foot of such order shall, until the contrary is shown, be evidence of the matters stated in the certificate.”.

\n

Birth and funeral expenses of dependent child 147. The Act of 2010 is amended by the insertion of the following section in Part 7 after section 67: “Birth and funeral expenses of dependent child 67A. (1) The court may make an order (in this section referred to as a ‘lump sum order’) where it appears to the court on application by a civil partner in relation to a dependent child of the civil partners that the other civil partner has failed to make such contribution as is proper in the circumstances towards the expenses incidental to either or both— (a) the birth of a child who is a dependent child or who would have been a dependent child were he or she alive at the time of the application for a lump sum order, (b) the funeral of a child who was a dependent child or who would have been a dependent child had he or she been born alive, and any lump sum order shall direct the respondent civil partner to pay to the applicant a lump sum not exceeding €4,000, but no such order shall direct the payment of an amount exceeding €2,000 in respect of the birth of a child to whom this section relates or €2,000 in respect of the funeral of such a child.

\n
(2)Subsection (3) of section 45 shall apply for the purpose of determining the amount of any lump sum under this section as it applies for the purpose of determining the amount of any payment under that section.
\n
(3)(a) Nothing in this section, apart from this subsection, shall prejudice any right of a person otherwise to recover moneys expended in relation to the birth or funeral of a child. (b) Where an application for a lump sum order has been determined, the applicant shall not be entitled otherwise to recover from the respondent moneys in relation to matters so determined.”.
\n

Custody of dependent children of civil partners after decree of nullity 148. The Act of 2010 is amended by the insertion of the following section in Part 11 after section 108: “Custody of dependent children of civil partners after decree of nullity 108A. Where the court grants a decree of nullity, it may declare either of the civil partners concerned to be unfit to have custody of any dependent child of the civil partners who is under the age of 18 years and, if it does so and the civil partner to whom the declaration relates is a parent of any dependent child of the civil partners who is under the age of 18 years, that civil partner shall not, on the death of the other civil partner, be entitled as of right to the custody of that child.”.

\n

Amendment of section 109 of Act of 2010 149. Section 109 of the Act of 2010 is amended— (a) in subsection (1) — (i) in the definition of “lump sum order”, by the substitution of “paragraph (c) or (ca) of section 117(1) ” for “section 117(1)(c) ”, (ii) in the definition of “periodical payments order”, by the substitution of “paragraph (a) or (aa) of section 117(1) ” for “section 117(1)(a) ”, (iii) in the definition of “secured periodical payments order”, by the substitution of “paragraph (b) or (ba) of section 117(1) ” for “section 117(1)(b) ”, and (iv) by the insertion of the following definition: “ ‘Act of 1964’ means the Guardianship of Infants Act 1964 ;”, and (b) in subsection (2) — (i) in paragraph (b), by the substitution of “under this Part,” for “under this Part, and”, (ii) in paragraph (c), by the substitution of “under this Part, and” for “under this Part.”, and (iii) by the insertion of the following paragraph after paragraph (c): “(d) a reference to an application to a court by a person on behalf of a dependent child of the civil partners includes a reference to such an application by such a child and a reference to a payment, the securing of a payment, or the assignment of an interest, to a person for the benefit of a dependent child of the civil partners includes a reference to a payment, the securing of a payment, or the assignment of an interest, to such a child.”.

\n

Amendment of section 110 of Act of 2010 150. The Act of 2010 is amended by the substitution of the following for section 110: “110. (1) Subject to the provisions of this Part, the court may, on application to it in that behalf by either of the civil partners, grant a decree of dissolution in respect of a civil partnership if it is satisfied that— (a) at the date of the institution of the proceedings, the civil partners have lived apart from one another for a period of, or periods amounting to, at least two years during the previous three years, and (b) provision that the court considers proper having regard to the circumstances exists or will be made for the civil partners and any dependent child of the civil partners.

\n
(2)Upon the grant of a decree of dissolution, the court may, where appropriate, give such directions under section 11 of the Act of 1964 as it considers proper regarding the best interests (within the meaning of that Act) or custody of, or right of access to, any dependent child of the civil partners concerned who is under the age of 18 years as if an application had been made to it in that behalf under that section.”.
\n

Amendment of section 113 of Act of 2010 151. Section 113 of the Act of 2010 is amended— (a) by designating the section as subsection (1), and (b) by the insertion of the following subsection after subsection (1): “(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of dissolution shall not affect the rights of the parents of a child, under section 6 or 6B of the Act of 1964, to be guardians of the child jointly.”.

\n

Amendment of section 115 of Act of 2010 152. Section 115 of the Act of 2010 is amended— (a) in paragraph (a), by the substitution of “of this Act;” for “of this Act; and”, (b) in paragraph (b), by the substitution of “or section 34; and” for “or section 34.”, and (c) by the insertion of the following paragraph after paragraph (b): “(c) an order under section 11 of the Act of 1964.”.

\n

Amendment of section 116 of Act of 2010 153. Section 116 of the Act of 2010 is amended— (a) by the substitution of the following subsection for subsection (1): “(1) Where an application is made to the court for the grant of a decree of dissolution, the court may make an order requiring either of the civil partners to make to the other periodical payments or lump sum payments for his or her support and, where appropriate, to make to such person as may be specified in the order such periodical payments for the benefit of any dependent child of the civil partners that the court considers proper and specifies in the order.”, and (b) by the insertion of the following subsection after subsection (2): “(3) The court may provide that payments under this section shall be subject to such terms and conditions as it considers appropriate and specifies in the order.”.

\n

Amendment of section 117 of Act of 2010 154. Section 117 of the Act of 2010 is amended— (a) in subsection (1) — (i) by the substitution of “by either of the civil partners concerned or by a person on behalf of a dependent child of the civil partners may” for “by either of the civil partners may”, (ii) by the insertion of the following paragraph after paragraph (a): “(aa) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;”, (iii) in paragraph (b), by the substitution of “may be specified in the order;” for “may be specified in the order; and”, (iv) by the insertion of the following paragraph after paragraph (b): “(ba) an order that either of the civil partners secure, to the satisfaction of the court, to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;”, (v) in paragraph (c), by the substitution of “may be specified in the order; and” for “may be specified in the order.”, (vi) by the insertion of the following paragraph after paragraph (c): “(ca) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners a lump sum payment or lump sum payments in the amount or amounts and at the time or times that may be specified in the order.”, (b) by the substitution of the following subsection for subsection (2): “(2) The court may order a civil partner to pay a lump sum— (a) to the other civil partner to meet any liabilities or expenses reasonably incurred by the other civil partner in maintaining himself or herself or any dependent child of the civil partners before the making of an application by the other civil partner for an order under subsection (1), or (b) to such person that may be specified in the order to meet any liabilities or expenses reasonably incurred by or for the benefit of a dependent child of the civil partners before the making of an application on behalf of the dependent child of the civil partners for an order under subsection (1).”, (c) by the insertion of the following subsection after subsection (4): “(4A) The period specified in an order under subsection (1)(aa) or (ba) shall begin not earlier than the date of the application for the order and shall end not later than the death of the civil partner against whom the order was made or the death of the dependent child of the civil partners in whose favour the order was made, whichever first occurs.”,

\n

and (d) in subsection (7), by the substitution of “paragraph (a) or (aa) of subsection (1) ” for “subsection (1)(a) ” wherever it occurs.

\n

Amendment of section 118 of Act of 2010 155. Section 118 of the Act of 2010 is amended in subsection (1) — (a) by the substitution of “either of the civil partners or by a person on behalf of a dependent child of the civil partners may” for “either of the civil partners may”, (b) in paragraph (a), by the substitution of “to the other, to any dependent child of the civil partners or to any other specified person for the benefit of such a child” for “to the other”, (c) in paragraph (b), by the substitution of “of the other and of any dependent child of the civil partners or any or all of those persons” for “of the other”, and (d) in paragraph (c), by the substitution of “one of the civil partners and of any dependent child of the civil partners or any or all of those persons” for “one of the civil partners”.

\n

Amendment of section 119 of Act of 2010 156. Section 119 of the Act of 2010 is amended— (a) in subsection (1) — (i) by the substitution of “either of the civil partners or a person on behalf of a dependent child of the civil partners may” for “either of the civil partners may”, (ii) in paragraph (d), by the substitution of “Part 9;” for “Part 9; and”, (iii) by the substitution of the following paragraph for paragraph (e): “(e) an order under section 31 of the Land and Conveyancing Law Reform Act 2009 ; and”, and (iv) by the insertion of the following paragraph after paragraph (e): “(f) an order under section 11 of the Act of 1964”, and (b) in subsection (2) — (i) by the substitution of “welfare of the civil partners and any dependent child of the civil partners” for “welfare of the civil partners”, and (ii) in paragraph (b), by the substitution of “other civil partner and for any dependent child of the civil partners” for “other civil partner”.

\n

Amendment of section 120 of Act of 2010 157. Section 120 of the Act of 2010 is amended— (a) in subsection (1) — (i) by the substitution of “in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners” for “in that behalf by either of the civil partners”, (ii) by the substitution of the following paragraph for paragraph (a): “(a) an order, on the application of either of the civil partners, requiring the other civil partner to effect a policy of life insurance for the benefit of the applicant civil partner or a dependent child of the civil partners;”, (iii) by the insertion of the following paragraph after paragraph (a): “(aa) an order, on the application of a person on behalf of a dependent child of the civil partners, requiring either of the civil partners to effect such a policy of life insurance for the benefit of the dependent child;”, (iv) by the substitution of the following paragraph for paragraph (b): “(b) an order, on the application of one civil partner, requiring the other civil partner to assign to the applicant civil partner, or to such person as may be specified in the order for the benefit of a dependent child of the civil partners, the whole or a specified part of the interest in a policy of life insurance that the other civil partner has effected or that both of the civil partners have effected;”, (v) by the insertion of the following paragraph after paragraph (b): “(ba) an order, on the application of a person on behalf of a dependent child of the civil partners, requiring either civil partner or both civil partners to assign to a person specified in the order for the benefit of the dependent child of the civil partners the whole or a specified part of the interest in a policy of life insurance that either civil partner has effected or that both of the civil partners have effected; and”, and (vi) by the substitution of the following paragraph for paragraph (c): “(c) an order— (i) on the application of a civil partner, requiring the other civil partner, or (ii) on the application of a person on behalf of a dependent child of the civil partners, requiring either or both of the civil partners, to make or to continue to make to the person by whom a policy of life insurance is or was issued the payments which he or she or both of the civil partners is or are required to make under the terms of the policy.”, (b) in subsection (2) — (i) in paragraph (a), by the substitution of “applicant civil partner or the dependent child of the civil partners” for “applicant”, and

\n

(ii) in paragraph (b), by the substitution of “applicant civil partner or the dependent child of the civil partners, as the case may be,” for “applicant”, (c) in subsection (3), by the substitution of “for the civil partner concerned or any dependent child of the civil partners concerned” for “for the civil partner concerned”, and (d) in subsection (4), by the substitution of “death of the applicant civil partner in whose favour the order was made in so far as it relates to him or her” for “death of the applicant”.

\n

Amendment of section 121 of Act of 2010 158. Section 121 is amended— (a) by the substitution of the following subsection for subsection (2): “(2) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners, may during the lifetime of a member civil partner, make an order providing for the payment, in accordance with this section and sections 122 to 126, to— (a) the other civil partner, or (b) a person specified in the order for the benefit of a dependent child of the civil partners for so long as that child remains a dependent child of the civil partners, of a benefit consisting of the part of the benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme and has accrued at the time of the making of the decree, or of the part of that part that the court considers appropriate.”, (b) in subsection (3)(b), by the substitution of “the other civil partner or to the person on behalf of the dependent child of the civil partners, as the case may be” for “the other civil partner”, (c) by the substitution of the following subsection for subsection (5): “(5) On granting a decree of dissolution or at any time within one year after it is granted, the court, on application to it in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners, may make an order providing for the payment, on the death of the member civil partner, to— (a) the other civil partner, or (b) a person specified in the order for the benefit of a dependent child of the civil partners, of that part of a contingent benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme, or of the part of that part, that the court considers appropriate.”, and (d) in subsection (7), by the substitution of “member or for a dependent child of the civil partners concerned under” for “member under”.

\n

Amendment of section 122 of Act of 2010 159. Section 122 of the Act of 2010 is amended— (a) in subsection (2), by the substitution of “applicant civil partner in whose favour the order was made in so far as the order relates to him or her” for “applicant”, and (b) by the insertion of the following subsection after subsection (2): “(2A) Where the court makes an order under section 121(2), or under section 131(3) in relation to an order under section 121(2), for the benefit of a dependent child of the civil partners and the child dies before payment of the designated benefit has commenced, the order shall cease to have effect in so far as it relates to him or her.”.

\n

Amendment of section 123 of Act of 2010 160. Section 123 of the Act of 2010 is amended— (a) in subsection (4), by the substitution of “provide for the payment to the person in whose favour the order was made” for “provide for the payment to the other civil partner”, (b) in subsection (5), by the substitution of the following paragraph for paragraph (a): “(a) if the trustees and the person in whose favour the order was made so agree, in providing a benefit for or in respect of that person that is of the same actuarial value as the transfer amount, or”, and (c) in subsection (9) — (i) by the substitution of “person in whose favour the order was made” for “civil partner who is not the member”, and (ii) by the substitution of “that person” for “that civil partner”.

\n

Amendment of section 124 of Act of 2010 161. Section 124 of the Act of 2010 is amended in subsection (2) by the substitution of “to the other civil partner or other person concerned” for “to the other civil partner”.

\n

Amendment of section 125 of Act of 2010 162. Section 125 of the Act of 2010 is amended— (a) in subsection (1), by the substitution of “including by the member civil partner or by the other person concerned or by both of them” for “including by one or the other of the civil partners or by both of them”, and (b) in subsection (2) — (i) by the substitution of “paid by a person” for “paid by a civil partner”, (ii) by the substitution of “payable to the person” for “payable to the civil partner”, (iii) by the substitution of the following paragraph for paragraph (a): “(a) pursuant to an order made under section 121, if the person is the beneficiary of the order; and”, and (iv) by the substitution of the following paragraph for paragraph (b): “(b) pursuant to the scheme, if the person is the member civil partner.”.

\n

Amendment of section 129 of Act of 2010 163. Section 129 of the Act of 2010 is amended— (a) in subsection (1), by the substitution of “for the civil partners and any dependent child of the civil partners concerned” for “for the civil partners”, (b) in subsection (2) — (i) by the substitution of the following paragraph for paragraph (c): “(c) the standard of living enjoyed by the civil partners and any dependent child of the civil partners before the proceedings were instituted or before the civil partners commenced to live apart;”, (ii) by the substitution of the following paragraph for paragraph (f): “(f) the contributions that each of the civil partners has made or is likely to make in the foreseeable future to the welfare of the civil partners and any dependent child of the civil partners, including any contribution made by each of them to the income, earning capacity, property and financial resources of the other, and any contribution made by either of them by looking after the shared home or caring for the other civil partner or any dependent child of the civil partners;”, and (iii) in paragraph (g), by the substitution of “the shared home or to care for the other civil partner or any dependent child of the civil partners” for “the shared home”, and (c) by the insertion of the following subsection after subsection (3): “(3A) In deciding whether to make an order referred to in subsection (1) in favour of a dependent child of the civil partners concerned and in determining the provisions of such an order, the court shall, in particular, have regard to the following matters: (a) the financial needs of the child; (b) the income, earning capacity (if any), property and other financial resources of the child; (c) any physical or mental disability of the child; (d) any income or benefits to which the child is entitled by or under statute; (e) the manner in which the child was being, and in which the civil partners concerned anticipated that the child would be, educated or trained; (f) the matters specified in paragraphs (a), (b) and (c) of subsection (2) and subsection (3) ; (g) the accommodation needs of the dependent child.”.

\n

Amendment of section 131 of Act of 2010 164. Section 131 of the Act of 2010 is amended— (a) in subsection (2)(b), by the substitution of “in the matter or a person on behalf of a dependent child of the civil partners concerned” for “in the matter”, (b) by the insertion of the following subsection after subsection (4): “(4A) Without prejudice to the generality of section 116 or 117, that part of an order to which this section applies which provides for the making of payments for the support of a dependent child of the civil partners shall stand discharged if he or she ceases to be a dependent child of the civil partners by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it under subsection (2), if it is satisfied that the child has for any reason ceased to be a dependent child of the civil partners.”, and (c) in subsection (7), by the substitution of “civil partner concerned or a dependent child of the civil partners concerned” for “civil partner concerned”.

\n

Restriction in relation to orders for benefit of dependent children of civil partners 165. The Act of 2010 is amended by the insertion of the following section after section 131: “131A. The court shall not have regard to the conduct of the civil partner or civil partners concerned of the kind specified in section 129(2)(i) in deciding whether— (a) to include in an order under section 116 a provision requiring the making of periodical payments for the benefit of a dependent child of the civil partners, (b) to make an order under paragraph (aa), (ba) or (ca) of section 117(1), or (c) to make an order under section 131 varying, discharging or suspending a provision referred to in paragraph (a) or an order referred to in paragraph (b).”.

\n

Amendment of section 133 of Act of 2010 166. Section 133 of the Act of 2010 is amended by the substitution of “117(1)(a), (aa), (b) or (ba) ” for “117(a) or (b) ”.

\n

Amendment of section 137 of Act of 2010 167. Section 137 of the Act of 2010 is amended in subsection (1) in the definition of “relief” by the substitution of the following paragraph for paragraph (a): “(a) preventing the relief being granted to the person concerned, whether for the benefit of the person or of a dependent child of the civil partners concerned,”.

\n

Amendment of section 138 of Act of 2010 168. Section 138 of the Act of 2010 is amended by the substitution of “under this Part or under the Act of 1964, or for a dependent child of the civil partners of such a civil partner” for “under this Part”.

\n

Amendment of section 140 of Act of 2010 169. Section 140 of the Act of 2010 is amended in paragraph (a) of subsection (2), by the substitution of “for support of a civil partner or €150 per week for the support of a dependent child of the civil partners” for “for support of a civil partner”.

\n

Custody of dependent children and social reports 170. The Act of 2010 is amended by the insertion of the following sections after section 141: “Custody of dependent children of civil partners after decree of dissolution 141A. Where the court grants a decree of dissolution (within the meaning of Part 12), it may declare either of the civil partners concerned to be unfit to have custody of any dependent child of the civil partners who is under the age of 18 years and, if it does so and the civil partner to whom the declaration relates is a parent of any dependent child of the civil partners who is under the age of 18 years, that civil partner shall not, on the death of the other civil partner, be entitled as of right to the custody of that child.

\n

Social reports 141B. Section 47 of the Family Law Act 1995 shall apply to proceedings under this Act.”.

\n

Amendment of section 142 of Act of 2010 171. Section 142 of the Act of 2010 is amended by the substitution of the following subsection for subsection (1): “(1) In civil partnership law proceedings under section 45, 46, 47, 50, 117, 118, 119(1)(a) or (b), 120, 121 to 126, 127 or 131 each party to the proceedings shall give to the other party such particulars of his or her financial circumstances, including property and income, and in so far as is practicable, the financial circumstances of his or her dependent children, as may reasonably be required for the purpose of the proceedings.”.

\n

Orders under Family Law (Maintenance of Spouses and Children) Act 1976 172. Part 15 of the Act of 2010 is amended by the insertion of the following section after section 196: “Orders under Family Law (Maintenance of Spouses and Children) Act 1976 196A. The court may, on the application of a party to proceedings under this Part, make an order under section 5A or 5B of the Family Law (Maintenance of Spouses and Children) Act 1976 , where applicable, in respect of the other party to the proceedings.”.

\n

PART 13

\n

Miscellaneous Consequential Amendments to Other Acts Amendment of section 2 of Redundancy Payments Act 1967 173.

\n

Section 2

\n

of the Redundancy Payments Act 1967 is amended in subsection (1) by the substitution of the following definition for the definition of “adopting parent”: “ ‘adopting parent’ means an employee who is an adopting parent within the meaning of the Adoptive Leave Act 1995 ;”.

\n

Amendment of section 1 of Unfair Dismissals Act 1977 174.

\n

Section 1

\n

of the Unfair Dismissals Act 1977 is amended by the substitution of the following definition for the definition of “adopting parent”: “ ‘adopting parent’ means an employee who is an adopting parent within the meaning of the Adoptive Leave Act 1995 ;”.

\n

Amendment of section 20 of Child Care Act 1991 175.

\n

Section 20

\n

of the Child Care Act 1991 is amended in subsection (1) — (a) in paragraph (b), by the substitution of “1995,” for “1995, or”, (b) in paragraph (c), by the substitution of “1996, or” for “1996,”, and (c) by the insertion of the following paragraph after paragraph (c): “(d) section 110

\n
(2), 115 (c) or 141A of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ,”.
\n

Amendment of Maternity Protection Act 1994 176. The Maternity Protection Act 1994 is amended— (a) in section 2— (i) in subsection (1), by the insertion of the following definitions: “ ‘Act of 2015’ means the Children and Family Relationships Act 2015; ‘expectant father’ shall be construed in accordance with subsection (1A) (inserted by section 176 of the Act of 2015); ‘other parent’ means a person (other than the mother) who is, under section 5 of the Act of 2015, a parent of a child;”, and (ii) by the insertion of the following subsection after subsection (1): “(1A) In this Act, a reference to an expectant father includes a person who has given his or her consent in accordance with section 11 of the Act of 2015 to a DAHR procedure (within the meaning of section 4 of that Act) where that procedure results in a pregnancy.”, (b) in section 16— (i) by the substitution of “father or other parent, as the case may be,” for “father” in each place it occurs, and (ii) in subsection (6), by the substitution of “the father’s or the other parent’s” for “the father’s”, (c) in section 16A— (i) by the substitution of “father or other parent” for “father” in each place it occurs, and (ii) in subsection (2), by the substitution of “the father’s sickness or the other parent’s sickness” for “the father’s sickness”, (d) in section 16B— (i) by the substitution of “father or other parent” for “father” in each place it occurs, and

", "next": 239776}