The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

Parental responsibility

27.—(1) The Children (Northern Ireland) Order 1995 is amended as follows.

(2) In Article 2(5) (interpretation of references to marital status of parents at time of child’s birth), after “married to” insert “, or civil partners of,”.

(3) In Article 5(1) (both parents have parental responsibility if married to each other at child’s birth), after “married to” insert “, or civil partners of,”.

(4) In Articles 5(2) and 7(1)(1) (cases where parents not married to each other at child’s birth), after “not married to” insert “, or civil partners of,”.

(5) In Article 7(1ZB) (meaning of “parental responsibility agreement”), for “or (1ZA)(b)” substitute “, (1ZA)(b) or (1A)(b)”.

(6) In Article 7(1A) (court may give parental responsibility to step-parent)—

(a) after “if” insert—

“—

(a)”, and

(b) at the end insert—

“; or

(b) the step-parent, and—

(i) the parent of the child who is the spouse or civil partner of the step-parent, or

(ii) if the other parent of the child also has parental responsibility for the child, both parents,

make an agreement providing for the step-parent to have parental responsibility for the child.”.

(1)

Article 7(1) was amended, and Article 7(1A) was inserted, by section 1 of the Family Law Act (Northern Ireland) 2001 (c.12); Article 7(1) was amended, and Article 7(1ZB) was inserted, by paragraph 72 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c.22).