New Council of Europe document downgrades marriage

A draft document on the family prepared by a committee of the Council of Europe downgrades the importance of both marriage and biological parenthood.

The document allows member-states of the Council of Europe, including Ireland, to define anyone as a parent legally speaking.

It gives no special status or recognition to the biological parents of a child, nor does it indicate that the relationship between a child and his or her biological parents is of any special importance.

Marriage is given no special status despite the weight of evidence showing that children tend to do best when raised by their married biological parents.

The document refers to ‘parental responsibilities’ but not to ‘parental rights’, and although it is concerned with the rights of the child, it does not recognise any right on the part of a child to know his or her biological parents.

Furthermore, it allows potentially anyone to be recognised as the parent of a child, for example, the same-sex partner of the biological mother or the opposite-sex cohabiting partner of the biological mother.

In the context of Assisted-Human-Reproduction, no mention is made of the rights of an egg or a sperm donor to have a relationship with his or her child.

It also says that “parental affiliation” can be recognised by voluntary recognition, so that if, for example, the mother of a child want to recognise a particular person as the ‘parent’ of her child, then member-states can facilitate this if they so wish.

The only limit is if parental affiliation has already been established.

The document on “the rights and legal status of children and parental responsibilities” has been prepared by the Committee of Experts on Family Law.

The draft recommendation will be discussed in expert committee from October 12 to 14th and then it will be submitted to the Committee of Ministers before Christmas.

The Council of Europe consists of 47 member-states. It includes a Parliamentary Assembly comprising of members of national parliaments, including Ireland.

 

The Iona Institute
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