Nuala Jackson, Sarah Murray
To be Published: March 2023
Publisher: Bloomsbury Professional (Ireland)
Ireland is a family-oriented society. Such is the importance of the family that the 1937 Irish Constitution included a specific section dedicated to the family and its constitutional protection/special position. In Ireland, as traditionally interpreted, the Constitutional guarantees related to 'constitutional families' but these were conservative, marriage-based groupings. Ireland's legal landscape has altered in recent years with the legalisation of civil partnerships, scientific developments, international obligations and changes in the social dynamic in relation to family and what constitutes a family.
This book considers the 'family' in Irish society guiding practitioners who are assisting clients to put legal shape on their alternatively formed family to include an in-depth analysis of the law surrounding surrogacy, adoption, fostering and Assisted Human Re-production. This title looks at the background to the laws, the historical development, where we are now, the urgent challenges and the future. It considers the enormous challenges presented by the Adoption Act 2010 for prospective adopting couples and recent judgments in the Superior Courts in Ireland.
This title assists people in advising on all of the alternative means of forming a family, if family formation through natural conception and child birth is not an option, a situation faced by more and more people in society, sometimes through ill-health but nowadays also in the context of non-heterosexual relationships. It is envisaged that the thorny issue of legislating for surrogacy will be addressed in the currency of the current Dail. This book looks at an entirely different topic and concept to the previous titles in this area, many which are out of date and some deal with family separation. This deals with the starting of families, not the fallout from the breakdown of such relationships.
Table of Cases
Alternative Family Formation
1. Introduction: What is a 'family'? Historical overview and cultural disparities
2. Legal protections for families – ECHR and Irish Constitution
3. Alternative family formation overview
4. Assisted Human Re-production in Ireland
4a. Donor Assisted Human Re-production in Ireland
4b. Seeking assisted human reproduction abroad
(c) The legal position and options for the non-genetic, de facto parent
(c) Surrogacy without genetic link to the child by either commissioning parent
6. Adoption – family formation
(a) By relatives
6a. Adoption – the left behind family
- Issues of identity and tracing
- Open adoption
(a) The legal rights and entitlement of foster parents
(b) Forming a legal family with foster children
(c) Adoption of fostered children
8. Family formation and LGBT couples
9. The Single Parent
10. State support for alternative families
11. What does the future hold?
(a) The law keeping pace with science
(b) The law keeping pace with society.
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