Five years after its enactment, two key sections of the Children and Family Relationships Act have finally been commenced.

The Act was rushed through the Oireachtas in the run up to the same-sex marriage referendum in May 2015. Despite an entire section on surrogacy having been stripped out of it, it was still found to be flawed after it had become law. Unforeseen consequences and drafting errors delayed the commencement of two sections that were meant to provide a legal framework for registering the births of children who are born as a result of assisted human reproduction involving donated eggs or sperm or embryos.  The commencement of these sections now means that some female same-sex couples will be legally recognised as co-parents of their children.

Specifically, it enables the birth mother and an intending parent (the mother’s spouse, civil partner or cohabitant) of a donor-conceived child – born as a result of a Donor Assisted Human Reproduction (DAHR) procedure – to register with the Registrar for Births, Deaths and Marriages, as parents. The couple can then obtain a birth certificate which reflects this. However, the DAHR procedure must have been undertaken in Ireland, and using a traceable sperm donor.

Nonetheless, campaign group Equality for Children said that the legislation is not enough.

According to the group, it leaves out children who have two male parents, a transgender parent, are born via surrogacy or reciprocal IVF, are born outside of Ireland or are conceived in an international clinic.

The legislation also leaves out children who are conceived via at-home insemination or have used an unknown donor. They say this amounts to 60% of the children of same-sex parents.