Law Reform Commission’s recommendations on guardianship rights for unmarried fathers a “welcome development” – Senator Mullen

Wednesday 9th September

Independent NUI Senator Rónán Mullen today welcomed the Law Reform Commission’s recommendations on guardianship rights for unmarried fathers. “This is certainly a welcome development and a step in the right direction. The current legal status of unmarried fathers tends to promote a ‘responsibility-free’ approach to fatherhood. It is very significant that the Law Reform Commission prefers the term ‘parental responsibility’ to ‘guardianship’.”

Senator Mullen rejected claims that guardianship rights for unmarried fathers would be unconstitutional. “The Supreme Court has found that an unmarried mother has an unenumerated right to guardianship of her child. Hence the same should hold true for an unmarried father. Crucially, guardianship rights for unmarried fathers are an acknowledgement of a child’s right to be cared for by his/her father. Over the years the Supreme Court has stated that a child has a right to be cared for by both natural parents.”

“An increasing body of research shows just how important it is for a father to maintain caring contact with his child. Guardianship rights for unmarried fathers is ultimately child-centred,” he added.