New act gives fathers more rights

A new law, which caters for the care and protection of children born outside marriage, came into effect on Monday April 15.

The Northern Ireland Assembly’s 'Family Law Act', which is the first of its kind in the UK, gives parental responsibility to unmarried fathers who register the birth of their children jointly with their unmarried partners.

Under the previous law an unmarried father did not acquire parental responsibility simply by being named on the birth certificate.

Welcoming its introduction, the Minister of Finance and Personnel, Dr Seán Farren, described the Act as a “small but significant” law reform measure.

“The Family Law Act is a small but significant law reform measure with the potential to have far-reaching implications for family relationships between children born outside marriage and their unmarried fathers," he said.

“I hope it will strengthen family relationships by recognising the needs of children to be cared for by both parents where this is appropriate, and by encouraging unmarried fathers to play a positive, committed and continuing role in their children’s upbringing.

“Its enactment underscores the executive’s continued commitment to addressing the needs and rights of children, as set out in its Programme for Government.”

The legislation also updates the range of tests that a court can direct be used when the parentage of a child is in dispute (although this is rare in Northern Ireland). Statistics show that two-thirds of all live births in the year 2000 were registered jointly by the unmarried mother and father.

At present, courts are confined to directing the taking of blood samples from a child. In future they will be able to direct the taking of bodily samples, such as saliva, or hair, or skin. The new procedures are much less invasive than the taking of blood samples, and respect the human rights and privacy of any children concerned to a greater degree than the present law.

An information leaflet detailing the changes to the law is posted on the Office of Law Reform’s website at www.olrni.gov.uk