LGBT RIGHTS

What does this mean for same-sex couples?
  • No next-of-kin rights. If one partner falls seriously ill the other is not entitled access to their bedside in ICU; if one loses the ability to communicate the other has no say in their medical care; if one partner dies the other has no entitlement to participate in funeral arrangements.
  • No inheritance (succession) rights in the case of the death of your life partner. If no will exists, the surviving partner is not entitled to any of the deceased’s estate or possessions. In this case, the surviving partner may face huge financial losses and even lose their home. Same-sex couples are not covered by the Succession Act 1965 or by the Home Protection Act 1976; if a will has been made, this means the surviving partner will have to pay full inheritance tax on their family home as the state does not recognise gay families.
  • No entitlement to the tax and social benefits automatically awarded to married heterosexual couples. Same-sex couples are expressly excluded from the Social Welfare (Miscellaneous Provisions) Act 2004. Only opposite-sex married couples are recognised by the Revenue Commissioners for tax purposes.
  • Same-sex couples with a child are not both allowed to be legal parents or guardians. Only one partner may be recognised as legal guardian or parent. In the case of the death of the legal parent, the biological relatives of the child become legal guardians, not the partner, regardless of how long that partner may have played an active role as a parent-figure.
  • You cannot apply to adopt a child as a same-sex couple. A same-sex couple may not apply to adopt, however a single individual may apply regardless of sexual orientation.
  • Same-sex couples are refused access to reproductive health services such as IVF. Same-sex couples are technically permitted access to this service though in practice many have been refused this treatment in Ireland.