Civil Registration Act 2004


Number 3 of 2004


CIVIL REGISTRATION ACT 2004

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of Civil Registration Act 2004. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 3 of 2004


CIVIL REGISTRATION ACT 2004

REVISED

Updated to 25 May 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Civil Registration Acts 2004 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Children and Family Relationships Act (9/2015), s. 1(2)). The Acts in this group are:

Civil Registration Act 2004 (3/2004)

Civil Registration (Amendment) Act 2005 (19/2005)

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 25

Civil Registration (Amendment) Act 2012 (48/2012)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), Part 3

Civil Registration (Amendment) Act 2014 (34/2014)

Children and Family Relationships Act (9/2015), Part 9

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1986, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Domestic Violence Act 2018 (6/2018)

Assisted Decision-Making (Capacity) Act 2015 (64/2015)

Marriage Act 2015 (35/2015)

Gender Recognition Act 2015 (25/2015)

Children and Family Relationships Act 2015 (9/2015)

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Civil Registration (Amendment) Act 2014 (34/2014)

Health Identifiers Act 2014 (15/2014)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013)

Civil Registration (Amendment) Act 2012 (48/2012)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Adoption Act 2010 (21/2010)

Housing (Miscellaneous Provisions) Act 2009 (22/2009)

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008)

Health Act 2008 (21/2008)

Medical Practitioners Act 2007 (25/2007)

Health Act 2007 (23/2007)

Garda Síochána Act 2005 (20/2005)

Civil Registration (Amendment) Act 2005 (19/2005)

Health Act 2004 (42/2004)

Courts and Court Officers Act 1995 (31/1995)

Status of Children Act 1987 (26/1987)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016)

Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016)

Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015)

Civil Registration (Gender Recognition) (Abridged Certificate) Regulations 2015 (S.I. No. 378 of 2015)

Civil Registration (Gender Recognition) (Fees) Regulations 2015 (S.I. No. 377 of 2015)

Civil Registration (Certified Extract of Register of Deaths) Regulations 2014 (S.I. No. 371 of 2014)

Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010)

Civil Registration (Civil Partnership Registration Form) Regulations 2010 (S.I. No. 671 of 2010)

Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010)

Civil Registration (Civil Partnerships) (Fees) Regulations 2010 (S.I. No. 669 of 2010)

Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010 (S.I. No. 668 of 2010)

Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010)

Civil Registration (Delivery of Notification of Intention to Enter into a Civil Partnership) (Prescribed Circumstances) Regulations 2010 (S.I. No. 666 of 2010)

Civil Registration (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 831 of 2007)

Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007 (S.I. No. 744 of 2007)

Civil Registration (Fees and Allowances) (Revocation) Regulations 2007 (S.I. No. 743 of 2007)

Register of Solemnisers (Correction of Errors) Regulations 2007 (S.I. No. 741 of 2007)

Civil Registration (Fees and Allowances) Regulations 2007 (S.I. No. 740 of 2007)

Register of Marriages (Correction of Errors) Regulations 2007 (S.I. No. 739 of 2007)

Marriage Registration Form Regulations 2007 (S.I. No. 738 of 2007)

Civil Registration (Marriages) (Fees) Regulations 2007 (S.I. No. 737 of 2007)

Civil Registration Act 2004 (Commencement) Order 2007 (S.I. No. 736 of 2007)

Civil Registration (Short Birth Certificate Regulations 2005 (S.I. No. 771 of 2005)

Civil Registration (Births and Deaths (Fees) Regulations 2005 (S.I. No. 769 of 2005)

Civil Registration (Fees and Allowances) Regulations 2005 (S.I. No. 768 of 2005)

Civil Registration (Reduced Fees) Regulations 2005 (S.I. No. 766 of 2005)

Civil Registration Act 2004 (Commencement) Order 2005 (S.I. No. 764 of 2005)

Civil Registration Act 2004 (Section 65) (Commencement) Order 2004 (S.I. No. 588 of 2004)

Civil Registration Act, 2004 (Section 27) (Commencement) Order 2004 (S.I. No. 84 of 2004)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 3 of 2004


CIVIL REGISTRATION ACT 2004

REVISED

Updated to 25 May 2018


Section

1.

Short title and commencement.

2.

Interpretation.

2A.

Prohibited degrees of relationship.

2B.

No impediment where subsisting civil partnership with each other.

3.

Regulations.

4.

Repeals.

5.

Transitional provisions.

6.

Expenses of Minister and Minister for Finance.

PART 2

Administration

7.

Ard-Chláraitheoir.

8.

Functions of Ard-Chláraitheoir.

9.

Ard-Chláraitheoir Cúnta.

10.

Staff of Ard-Chláraitheoir.

11.

Annual report.

12.

Oifig an Ard-Chláraitheora.

13.

Registers.

14.

Schemes.

15.

Local registration authorities.

16.

Financial provisions relating to authorities.

17.

Staff of authorities.

PART 3

Registration of Births and Stillbirths

18.

“the register” ( Part 3).

19.

Provision of particulars, and registration, of births.

19A.

Special provisions in relation to registration of birth of donor-conceived child.

20.

Births occurring more than 12 months before registration.

21.

Duty to notify registrar of abandoned new-born children.

22.

Registration of father where parents not married.

23.

Re-registration of birth to include name of father.

23A.

Re-registration on foot of court order.

23B.

Re-registration of birth of donor-conceived child on foot of court order.

24.

Re-registration of births of legitimated persons.

25.

Registration, or alteration, of forename of child.

25A.

Failure to agree surname and subsequent registration of surname.

26.

Registration of births outside State of children of Irish citizens domiciled in State.

27.

Recording and registration of certain other births occurring outside State.

27A.

Registrar may take and receive statutory declaration under Guardianship of Infants Act 1964.

28.

Registration of stillbirths.

29.

Registration of stillbirths that occurred before 31 December 1994.

30.

Duty to notify Ard-Chláraitheoir of births and stillbirths.

PART 3A

Register of Gender Recognition

30A.

Definitions (Part 3A).

30B.

Entry in Register.

30C.

Index to register and privacy.

30D.

Separate index of connections between register of gender recognition and register of births.

30E.

Cancellation or amendment of entry in register.

PART 4

Registration of Adoptions

31.

Definitions ( Part 4). (repealed)

32.

Registration of adoptions. (repealed)

33.

Registration of foreign adoptions. (repealed)

34.

Directions of High Court in relation to entries in register in respect of foreign adoptions. (repealed)

35.

Privacy of adoption records. (repealed)

PART 5

Registration of Deaths

36.

“the register” ( Part 5).

37.

Provision of particulars, and registration, of deaths.

38.

Registration of deaths occurring outside State of Irish citizens domiciled in State.

39.

Recording and registration of certain other deaths occurring outside State.

40.

Registration after more than 12 months from death.

41.

Furnishing of particulars of death by a coroner to registrar.

42.

Certificate of cause of death.

42A.

Notification of early neonatal deaths.

43.

Place of death.

44.

Power of coroner to authorise disposal of bodies.

PART 5A

Death Abroad

44A.

Application of Part.

44B.

Record of deaths abroad.

44C.

Provision of information.

44D.

Certificate of entry on the record of deaths abroad.

44E.

Amendment of entry on the record of deaths abroad.

PART 6

Amendment of Law Relating to Marriages

45.

Definitions ( Part 6).

45A.

Secular body.

46.

Notification of marriages.

47.

Exemption of certain marriages from section 46(1)(a)(i).

48.

Marriage registration form.

49.

Registration of marriages.

50.

Non-receipt of marriage registration form by registrar.

51.

Solemnisation of marriages.

52.

Places and times for the solemnisation of marriages.

53.

Register of Solemnisers.

54.

Application by bodies for registration of persons.

55.

Cancellation of registration.

56.

Appeals against refusals or cancellations of registration.

57.

Temporary authorisation to solemnise marriage.

58.

Objections.

58A.

Marriage ceremonies performed at certain embassies or diplomatic missions.

PART 7

Registration of Decrees of Divorce and Decrees of Nullity

59.

Registration of decrees of divorce and decrees of nullity.

PART 7A

Registration of Civil Partnerships

59A.

Definitions (Part 7A).

59B.

Notification of civil partnerships. (repealed)

59C.

Civil partnership registration form.

59D.

Civil partnership registration.

59E.

Places and times for registration of civil partnerships. (repealed)

59F.

Objections. (repealed)

59G.

Where interpretation required. (repealed)

59H.

Effect of registration. (repealed)

59I.

Effect of this Part. (repealed)

59IA.

Civil Partnership ceremonies performed at certain embassies or diplomatic missions.

PART 7B

Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership

59J.

Registration of decrees of dissolution and decrees of nullity of civil partnership.

PART 7C

Dissolution and Transitional

59K.

Registration of dissolution of civil partnership on marriage.

59L.

Transitional provisions consequent on Marriage Act 2015.

PART 8

General

60.

Appeals.

61.

Searches.

62.

Search of register of stillbirths.

63.

Correction of errors at request of persons having an interest.

64.

Corrections or cancellations of entries at request of Ard-Chláraitheoir or a registrar.

65.

Enquiries by Ard-Chláraitheoir.

66.

Power of Ard-Chláraitheoir to give information to others.

67.

Fees.

67A.

Payments to certain registrars.

68.

Evidence of births, stillbirths and deaths.

69.

Offences.

70.

Penalties.

71.

Prosecution of offences.

72.

Service etc., of documents.

73.

Vital statistics.

FIRST SCHEDULE

Particulars to be Entered in Registers

PART 1

Particulars to be Entered in Register of Births

PART 2

Particulars to be Entered in Register of Stillbirths

PART 2A

Particulars to be entered in Register of Gender Recognition

PART 2B

Particulars to be entered in Register of Gender Recognition

PART 3

Particulars of Adoptions within the State to be Entered in Register of Adoptions

PART 4

Particulars of Foreign Adoptions to be Entered in Register of Adoptions

PART 5

Particulars of Deaths to be Entered in Register of Deaths

PART 6

Particulars of Decrees of Divorce to be Entered in Register of Decrees of Divorce

PART 6A

Particulars to be Entered in Register of Dissolutions

PART 7

Particulars of Decrees of Nullity of Marriage to be Entered in Register of Decrees of Nullity of marriage

PART 7A

Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership

SECOND SCHEDULE

Enactments Repealed

THIRD SCHEDULE

Prohibited Degrees of Relationship


ACTS REFERRED TO

Adoption Act 1952

1952, No. 25

Adoption Act 1991

1991, No. 14

Adoption Acts 1952 to 1998

Army Pensions Acts 1923 to 1980

Births and Deaths Registration Act (Ireland) 1880

1880, c. 13

Births and Deaths Registration Acts 1863 to 1996

Births, Deaths and Marriages Registration Act 1972

1972, No. 25

Capital Acquisitions Tax Consolidation Act 2003

2003, No. 1

Civil Service Regulation Acts 1956 to 1996

Coroners Act 1962

1962, No. 9

Data Protection Acts 1988 and 2003

Defence (Amendment) (No. 2) Act 1960

1960, No. 44

Defence Forces (Pensions) Acts 1932 to 1975

Electoral Act 1992

1992, No. 23

Electronic Commerce Act 2000

2000, No. 27

Family Law Act 1995

1995, No. 26

Family Law (Divorce) Act 1996

1996, No. 33

Garda Síochána Act 1989

1989, No. 1

Health Act 1947

1947, No. 28

Health Act 1970

1970, No. 1

Health (Eastern Regional Health Authority) Act 1999

1999, No. 13

Housing Act 1966

1966, No. 21

Housing Acts 1966 to 2002

Legitimacy Act 1931

1931, No. 13

Legitimacy Declaration Act (Ireland) 1868

1868, c. 20

Marriage Act 1835

5 & 6 Will 4., c. 54

Marriage Law (Ireland) Amendment Act 1863

26 Vict., c. 27

Marriage Law (Ireland) Amendment Act 1873

36 & 37 Vict., c. 16

Marriage of Lunatics Act 1811

51 Geo 3., c. 37

Marriage (Prohibited Degrees of Relationship) Acts 1907 and 1921

Marriage (Society of Friends) Act 1860

23 & 24 Vict., c. 18

Marriage (Society of Friends) Act 1872

35 & 36 Vict., c. 10

Marriages Act 1936

1936, No. 47

Marriages Act 1972

1972, No. 30

Marriages (Ireland) Act 1844

1844, c. 81

Marriages (Ireland) Act 1846

9 & 10 Vict., c. 72

Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870

33 & 34 Vict., c. 110

Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871

1871, c. 49

Medical Practitioners Act 1978

1978, No. 4

Mercantile Marine Act 1955

1955, No. 29

Merchant Shipping Act 1894

57 & 58 Vict. c. 60

Petty Sessions (Ireland) Act 1851

1851, c. 93

Planning and Development Act 2000

2000, No. 30

Registration of Births Act 1996

1996, No. 36

Registration of Births and Deaths Act 1936

1936, No. 34

Registration of Births and Deaths (Ireland) Act 1863

1863, c. 11

Registration of Marriages Act 1936

1936, No. 35

Registration of Marriages (Ireland) Act 1863

1863, c. 90

Road Traffic Act 1961

1961, No. 24

Social Welfare (Consolidation) Act 1993

1993, No. 27

Stamp Duties Consolidation Act 1999

1999, No. 31

Status of Children Act 1987

1987, No. 26

Stillbirths Registration Act 1994

1994, No. 1

Taxes Consolidation Act 1997

1997, No. 39

Vital Statistics and Births, Deaths and Marriages Registration Act 1952

1952, No. 8


Number 3 of 2004


CIVIL REGISTRATION ACT 2004

REVISED

Updated to 25 May 2018


AN ACT TO PROVIDE FOR THE REORGANISATION, MODERNISATION AND NAMING OF THE SYSTEM (TO BE KNOWN AS THE CIVIL REGISTRATION SERVICE OR, IN THE IRISH LANGUAGE, AN tSEIRBHÍS UM CHLÁRÚ SIBHIALTA) OF REGISTRATION OF BIRTHS, STILLBIRTHS, ADOPTIONS, MARRIAGES AND DEATHS (INCLUDING CERTAIN BIRTHS AND DEATHS OCCURRING OUTSIDE THE STATE), TO PROVIDE FOR THE EXTENSION OF THE SYSTEM TO DECREES OF DIVORCE AND DECREES OF NULLITY OF MARRIAGE AND FOR THOSE PURPOSES TO REVISE THE LAW RELATING TO THE SYSTEM, TO AMEND THE LAW RELATING TO MARRIAGES AND TO PROVIDE FOR RELATED MATTERS. [27 th February, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references construed (1.01.2008) by Civil Registration (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 831 of 2007), arts. 2 and 3, in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Social and Family Affairs.

(2) References to the Department of Health and Children contained in any Act or instrument made under it or scheme and relating to any administration and business transferred by paragraph (1) are, on and after the commencement of this Order, to be read as references to the Department of Social and Family Affairs.

3. (1) The functions vested in the Minister for Health and Children by or under—

( a) the Civil Registration Act 2004 (No. 3 of 2004) (other than section 66),

...

are transferred to the Minister for Social and Family Affairs.

(2) References to the Minister for Health and Children contained in any Act or instrument made under it or scheme and relating to any functions transferred by this Article, on and after the commencement of this Order, are to be read as references to the Minister for Social and Family Affairs.

C2

Functions in relation to Act transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59(1), (2) and (3) and sch. 3 item 64, S.I. No. 887 of 2004, subject to transitional provisions in s. 74 and sch. 5.

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

...

SCHEDULE THREE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

...

64. Civil Registration Act 2004

...

Editorial Notes:

E1

Presumption of paternity in respect of persons identified as such in register maintained under Act prescribed (14.06.1988) by Status of Children Act 1987 (26/1987), s. 46(3), commenced as per s. 1(2)(b), as amended (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 88(c), S.I. No. 12 of 2016.