<\/span><\/h3>\nA range of employment legislation has been amended to equalise the position of spouses and civil partners. A civil partner or cohabiting male same-sex couple may qualify for adoptive leave. A female second parent may have the same rights to maternity leave and parental leave as a father.<\/p>\n
The Maternity Protection Act provisions applicable to an employed father of a child apply to a parent of a child born as a result of a donor-assisted human reproduction. The provisions that apply to a father\u2019s entitlement to leave when a mother dies during the maternity period are extended to equivalent provisions in respect of donor-assisted human reproduction.<\/p>\n
The Adoptive Leave Act, which provides employees who have adopted a child entitlement to leave, was amended by the 2015 Act. Persons who may now adopt are wider under the 2015 Act. Where the adopting couple is of the same sex, one of them will have the entitlement irrespective of the adopter\u2019s sex. Adoptive leave is for up to 24 weeks.<\/p>\n
The provisions in respect of parental leave are applicable to parents and adoptive parents. This takes account of the wider category of persons who qualify as parents for the purpose of the 2015 legislation.<\/p>\n
<\/p>\n
MARRIAGE ACT 2015<\/h2>\n
An Act to amend the Civil Registration Act 2004 to remove the impediment to marriage of the parties being of the same sex; to repeal certain provisions of Part 7A of that Act relating to registration of civil partnerships; to make provision in relation to religious bodies; to provide for the recognition of marriages under the law of a place other than the State; to amend the Succession Act 1965 , the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and the Gender Recognition Act 2015 ; to amend other enactments and to provide for matters connected therewith.<\/p>\n
[29 th October, 2015]<\/p>\n
Be it enacted by the Oireachtas as follows:<\/p>\n
PART 1<\/p>\n
Preliminary and General<\/p>\n
Short title and commencement<\/h4>\n
1. (1) This Act may be cited as the Marriage Act 2015.<\/p>\n
(2) This Act shall come into operation on such day or days as the Minister may, after consultation with the Minister for Social Protection, appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.<\/p>\n
Definitions<\/h4>\n
2. In this Act\u2014<\/p>\n
\u201cAct of 2004\u201d means the Civil Registration Act 2004 ;<\/p>\n
\u201cAct of 2010\u201d means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;<\/p>\n
\u201cMinister\u201d means the Minister for Justice and Equality.<\/p>\n
Expenses<\/p>\n
3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.<\/p>\n
PART 2<\/p>\n
Impediments to Marriage<\/h4>\n
Amendment of section 2(2) of Act of 2004<\/p>\n
4. Section 2(2) of the Act of 2004 is amended by\u2014<\/p>\n
(a) the deletion of paragraph (e),<\/p>\n
(b) the substitution of the following paragraph for paragraph (f):<\/p>\n
\u201c(f) one of the parties to the marriage is, or, other than where section 2B applies, both are, already party to a subsisting civil partnership, or\u201d,<\/p>\n
and<\/p>\n
(c) the insertion of the following paragraph after paragraph (f) :<\/p>\n
\u201c(g) the marriage would be void by virtue of section 2A.\u201d.<\/p>\n
Prohibited degrees of relationship<\/h4>\n
5. The Act of 2004 is amended by the insertion of the following section after section 2:<\/p>\n
\u201c2A. (1) For the purposes of this Act, any prohibition in this Act or any other enactment or rule of law on marriage between two persons of the opposite sex arising by virtue of a relationship of consanguinity or affinity between them, shall, subject to any necessary modifications, apply to marriage between two persons of the same sex as it applies to marriage between two persons of the opposite sex.<\/p>\n
(2) A marriage purported to be solemnised which contravenes a prohibition referred to in subsection (1) shall be void.\u201d.<\/p>\n
No impediment where subsisting civil partnership with each other<\/p>\n
6. The Act of 2004 is amended by the insertion of the following section after section 2A (inserted by section 5 ):<\/p>\n
\u201c2B. There is not an impediment to a marriage by virtue of both of the parties to the intended marriage being parties to a subsisting civil partnership with each other.\u201d.<\/p>\n
PART 3<\/p>\n
Religious Bodies<\/h4>\n
Religious bodies<\/p>\n
7. (1) Nothing in this Act or any other enactment shall be construed as obliging\u2014<\/p>\n
(a) a religious body to recognise a particular form of marriage ceremony for the purposes of section 51(3)(c) of the Act of 2004, or<\/p>\n
(b) a religious solemniser to solemnise a marriage in accordance with a form of marriage ceremony which is not recognised by the religious body of which the religious solemniser is a member.<\/p>\n
(2) In this section\u2014<\/p>\n
\u201cform of marriage ceremony\u201d includes that form in so far as it relates to the sex of the parties to the ceremony;<\/p>\n
\u201creligious body\u201d has the meaning assigned to it by section 45 of the Act of 2004;<\/p>\n
\u201creligious solemniser\u201d means a member of a religious body standing registered in the Register of Solemnisers maintained under section 53 of the Act of 2004.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Background The Marriage Act 2015 allows couples to marry without distinction as to their sex. It followed the amendment to the Constitution passed by referendum on 22 May 2015, inserting Article 41.4 of the Constitution. The Referendum provided that \u201cMarriage may be contracted in accordance with law by two persons without distinction as to their […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[106],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20806"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=20806"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20806\/revisions"}],"predecessor-version":[{"id":33064,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20806\/revisions\/33064"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=20806"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=20806"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=20806"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}