The Law of Family Formation in Ireland

(Paperback)

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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. Irelands 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 This book looks at an entirely different topic and concept to the previous titles in this area, many which are out of date and some deal with family separation.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.

Author Bio

Nuala Jackson, Senior Counsel Nuala is a Senior Counsel specialising in matrimonial and child law (in particular child abduction, adoption, childcare and surrogacy) together with education law (voluntary and public sector), pension law and probate. She commenced legal practice in 1989 and holds a primary degree from Trinity College Dublin (First Class Honours) and a Master of Laws Degree at Cambridge University (First Class Honours), and previously lectured in equity, conflict of laws, environmental law and family law in NUI Galway and lectured and tutored in conflict of laws and family law in Trinity College Dublin and tort and contract law in Newman College (external LLB programme, University of London). She holds a Master of Laws (Canon Law) Degree at Cardiff University (Distinction) and an Advanced Diploma in Medical Law at the Kings Inns Law School and has lectured and researched extensively in relation to the Children First Act, 2015, including its application and implementation in and significance for the voluntary sector. Nuala is a Fellow of the International Academy of Family Lawyers, the Association of Family and Conciliation Courts, the Corporate Governance Association of Ireland and board member of the Legal Aid Board and Personal Injuries Assessment Board as well as Chairperson of the Family Lawyers Association of Ireland (FLA), having previously been Chairperson of the Law Reform Sub-committee of that organisation in addition to being co-editor of the Family Law Journal. Sarah Murray Sarah is a Case Officer in the Professional Standards Department of the Irish Medical Council and previously held posts in IVF Couriers. She holds a MSc in Healthcare Ethics and Law from the Royal College of Surgeons in Ireland, BA in Jurisprudence from the University of Oxford, a Certificate in the History of Medicine from the University of Oxford and a Diploma in Criminology and Criminal Psychology (Medical) in addition to an International Baccalaureate Diploma. She regularly attends conferences and seminars and symposia covering a range of medico-legal topics and has held roles such as the Co-President of the Lincoln College (Oxford University Law Society). She attended the Symposium on Bioethics and Human Rights in Dublin in February 2020 and the Childrens Health Ireland Course as well as the US Death Penalty Training Course with Amicus in London. Her combined knowledge of law and science and ethics will be a great asset to the title.