Status of Children Act 1987

Amendment of Births and Deaths Registration Act (Ireland), 1880.

49

49.The Births and Deaths Registration Act (Ireland), 1880, is hereby amended by the substitution for section 7 of the following sections:

“Registration of father where parents not married.

7.— (1) In the case of a child whose parents were not married to each other at the date of his birth or at any time during the period of ten months before his birth, no person shall as father of the child be required to give information concerning the birth.

(2) The registrar shall not enter in the register the name of a person as father of a child to whom subsection (1) of this section relates except—

( a) at the joint request of the mother and the person acknowledging himself to be the father of the child, or

( b) at the request of the mother on production of—

(i) a declaration in the prescribed form made by the mother stating that that person is the father of the child, and

(ii) a statutory declaration made by that person acknowledging himself to be the father of the child,

or

( c) at the request of that person on production of—

(i) a declaration in the prescribed form by that person acknowledging himself to be the father of the child, and

(ii) a statutory declaration made by the mother stating that that person is the father of the child,

or

( d) at the request of the mother or that person, which shall in either case be made in writing, on production of a certified copy of any court order in respect of proceedings to which section 45 of the Status of Children Act, 1987, relates, naming that person as the father of the child.

(3) Where the mother of a child to whom subsection (1) of this section relates was married at the date of the birth of the child or at some time during the period of ten months before that birth, the registrar shall not, in respect of a request made by virtue of paragraph ( a), ( b) or ( c) of subsection (2) of this section, register the name of a person as father except, in addition to the said paragraph ( a), ( b) or ( c) being complied with, on production of—

( a) a statutory declaration by the husband of the mother stating that he is not the father of the child, or

( b) a statutory declaration by the mother stating that she has been living apart from her husband under a decree of divorce a mensa et thoro or a deed of separation, as the case may be, for more than ten months before the birth of the child.

(4) On registration of the birth of a child under this section, the register shall be signed by—

( a) the registrar,

( b) the mother of the child, where she has made a request for registration in accordance with subsection (2) of this section, and

( c) the person acknowledging himself to be the father of the child, where he has made a request for registration in accordance with subsection (2) of this section.

(5) Where a person acknowledging himself to be the father of a child (being a child to whom subsection (1) of this section relates) makes a request to the registrar in accordance with subsection (2) ( c) or (2) ( d) of this section, he shall be treated as a qualified informant concerning the birth of the child for the purposes of this Act.

Re-registration of birth so as to show who is father.

7A.— (1) Where the birth of a child (being a child whose parents were not married to each other at the date of his birth or at any time during the period of ten months before his birth) has been registered under this Act, but no person has been registered as the child’s father, the registrar shall re-register the birth so as to show the name of a person as father—

( a) at the joint request of the mother and that person (being a person who acknowledges himself to be the father of the child), or

( b) at the request of the mother on production of—

(i) a declaration in the prescribed form made by the mother stating that that person is the father of the child, and

(ii) a statutory declaration made by that person acknowledging himself to be the father of the child,

or

( c) at the request of that person on production of—

(i) a declaration in the prescribed form by that person acknowledging himself to be the father of the child, and

(ii) a statutory declaration made by the mother stating that that person is the father of the child,

or

( d) at the request of the mother or that person, which shall in either case be made in writing, on production of a certified copy of any court order in respect of proceedings to which section 45 of the Status of Children Act, 1987, relates, naming that person as the father of the child,

but no birth shall be re-registered under this section except in the prescribed manner and with the authority of an tArd-Chláraitheoir.

(2) Where the mother of a child to whom subsection (1) of this section relates was married at the date of the birth of the child or at some time during the period of ten months before that birth, the registrar shall not, in respect of a request made by virtue of paragraph ( a), ( b) or ( c) of the said subsection (1), re-register the birth so as to show the name of a person as father except, in addition to the said paragraph ( a), ( b) or ( c) being complied with, on production of—

( a) a statutory declaration by the husband of the mother stating that he is not the father of the child, or

( b) a statutory declaration by the mother stating that she has been living apart from her husband under a decree of divorce a mensa et thoro or a deed of separation, as the case may be, for more than ten months before the birth of the child.

(3) On re-registration of the birth of a child under this section, the register shall be signed by—

( a) the registrar,

( b) the mother of the child, where she has made a request for re-registration in accordance with subsection (1) of this section, and

( c) the person acknowledging himself to be the father of the child, where he has made a request for re-registration in accordance with subsection (1) of this section.”.

Annotations:

Editorial Notes:

E14

Previous affecting provision: application of Births and Deaths Registration (Ireland) Act 1880 (43 & 44 Vict. c. 13) as amended above was extended to apply to stillbirths as to live births (1.01.1995) by Stillbirths Registration Act 1994 (1/1994), s. 5, S.I. No. 97 of 1994; repealed (5.12.2004) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005.

E15

Previous affecting provision: procedure for registration of father of stillborn child under Births and Deaths Registration Act (Ireland) 1880 (43 & 44 Vict. c. 13), ss. 7 and 7A provided (1.01.1995) by Registration of Stillbirths Regulations 1994 (S.I. No. 426 of 1994); repealed (5.12.2004) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005.

E16

Previous affecting provision: procedure for registration of father under Births and Deaths Registration Act (Ireland) 1880 (43 & 44 Vict. c. 13), ss. 7 and 7A provided (14.06.1988) by Registration of Births Regulations 1988 (S.I. No. 123 of 1988) as amended (15.10.2002) by Registration of Births (Amendment) Regulations 2002 (S.I. No. 493 of 2002); repealed (5.12.2004) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005.