Child Law in Ireland

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An accessible analysis of the Irish child law system.

Author: Dr Lydia Bracken

ISBN: 9781911611097

Published : 30 July 2018

Child Law in Ireland provides an accessible analysis of the Irish child law system. It incorporates examination of Ireland’s international obligations in this area arising under the United Nations Convention on the Rights of the Child (UNCRC) and the European Convention on Human Rights (ECHR), as well as examination of the Irish Constitution and the domestic legislative framework. The book addresses a wide range of child law topics including children’s rights; parentage; donor-assisted human reproduction and surrogacy; guardianship, custody and access; child protection; representation and participation; and education.

Child Law in Ireland examines current Irish law and addresses contemporary issues in a range of areas. This includes discussion of timely legal developments such as the Assisted Reproduction Bill 2017; the Children and Family Relationships Act 2015; the Adoption (Amendment) Act 2017; the Adoption (Information and Tracing) Bill 2016; the Children First Act 2015; and the Education (Admission to Schools) Bill 2016, among others.

Content Includes
Chapter 1: Introduction

Chapter 2: International and National Protection of Children’s Rights


United Nations Convention on the Rights of the Child (UNCRC)

The European Convention on Human Rights (ECHR)

Bunreacht na hÉireann

Chapter 3: Parentage


Presumptions of Maternity and Paternity

The Right to Procreate

Parentage in Donor-Assisted Human Reproduction

The Child’s Right to Identity

Parentage in Surrogacy

Chapter 4: Parental Responsibilities: Guardianship, Custody and Access


The Best Interests of the Child

The Right of the Child to be Heard

Defining Guardianship, Custody and Access




Chapter 5: Adoption


Adoption in the Best Interests of the Child

Adoption in Ireland

Types of Adoption

Who Can be Adopted?

Who Can Adopt? Eligibility and Suitability

Procedures for a Valid Adoption Order

Origin and Tracing

Open Adoption

Chapter 6: Protecting Children from Harm


Taking Children into Care

Children First

Garda Vetting

Corporal Punishment

Overview of Ireland’s System of Child Protection

Chapter 7: Representation and Participation


Article 12 UNCRC

Lundy Model of Participation

Hearing the Voice of the Child

Infrastructural Supports: Complaints Procedures

Beyond Participation: Child-friendly Judgments

Chapter 8: Education


International Standards

The Irish Legal Framework


School Admissions Policies

Chapter 9: Conclusion

About the Author
Dr Lydia Bracken is a lecturer at the School of Law, University of Limerick. She researches in the areas of child and family law, with a particular focus on the legal recognition of “non-traditional” families. Dr Bracken has published her research in national and international journals including the Journal of Social Welfare and Family Law, International Journal of Children’s Rights, European Journal of Health Law, International Family Law and the Northern Ireland Legal Quarterly. Dr Bracken lectures in child law and clinical legal skills at undergraduate level and lectures in Advanced Family Law at postgraduate level.

Who Should Buy This Book?
Child Law in Ireland is an indispensable text for those who work with, or on behalf of, children and young people and for those studying the operation of Ireland’s child law system, including practising lawyers and students of child and family law.

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