Civil Liability Act 1961

Definitions (Part IV).

47

47. F12 [ (1) In this Part

" dependant " means, in respect of a deceased person whose death is caused by a wrongful act

( a ) a spouse F13 [ , civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] , parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother or half-sister of the deceased,

( b ) a person whose marriage to the deceased has been dissolved by a decree of divorce that was granted under the Family Law (Divorce) Act, 1996 or under the law of a country or jurisdiction other than the State and is recognised in the State, F14 [ ]

F15 [ ( ba ) a person whose civil partnership with the deceased has been dissolved by a decree of dissolution that was granted under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or under the law of a country or jurisdiction other than the State and is recognised in the State, or ]

F16 [ ( c ) a person who was not married to or a civil partner of the deceased but who, until the date of the deceased s death, had been living with the deceased as the deceased s cohabitant within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 for a continuous period of not less than three years, ]

who has suffered injury or mental distress as a result of the death;

" wrongful act " includes a crime. ]

(2) In deducing any relationship for the purposes of this Part—

( a) a person adopted under F17 [ an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or an intercountry adoption effected outside the State being recognised within the meaning of that Act ], shall be considered the legitimate offspring of the adopter or adopters;

( b) subject to paragraph (a) of this subsection, an illegitimate person shall be considered the legitimate offspring of his mother and reputed father;

( c) a person in loco parentis to another shall be considered the parent of that other.