Civil Registration Act 2004

Provision of particulars, and registration, of births.

19

19.—(1) Subject to the provisions of this Part, when a child is born in the State, it is the duty of—

( a) the parents or the surviving parent of the child, or

( b) if the parents are dead or incapable through ill health of complying with this subsection, each other qualified informant, unless he or she reasonably believes that another qualified informant has complied with it in relation to the birth,

not later than 3 months from the date of the birth—

(i) to attend before any registrar,

(ii) there, to give to the registrar, to the best of his or her knowledge and belief, the required particulars of the birth, and

(iii) there, to sign the register in the presence of the registrar.

(2) Where a person complies with subsection (1) in relation to a birth, the other persons referred to in that subsection are discharged from the performance in relation to that birth of the duty imposed by that subsection.

(3) Where, owing to non-compliance with subsection (1), a birth is not registered and, having made reasonable efforts to do so, F61 [ the Superintendent Registrar in whose registration area ] the birth occurred is unable to contact either parent of the child concerned, F61 [ the Superintendent Registrar may ] give a qualified informant a notice in writing requiring the informant—

F61 [ ( a ) to attend before a registrar in that registration area, at the office of the registrar or such other (if any) convenient place as may be specified by the Superintendent Registrar on or before a day so specified (not being less than 7 days from the date of the notice nor more than 12 months from the date of the birth), ]

( b) there, to give to the registrar, to the best of his or her knowledge and belief, the required particulars of the birth, and

( c) there to sign the register in the presence of the registrar,

and, unless the birth is registered before the date of the attendance aforesaid, the informant shall comply with the requirement.

(4) Where paragraphs (i) to (iii) of subsection (1) or, as the case may be, paragraphs (a) to (c) of subsection (3) have been complied with in relation to a birth, the registrar concerned shall register the birth in such manner as an tArd-Chláraitheoir may direct.

(5) Where, in relation to the birth of a child—

( a) the parents of the child are dead or incapable through ill health of complying with subsection (1), or

( b) neither the parents nor another qualified informant can be found after all reasonable efforts to do so have been made,

an tArd-Chláraitheoir may cause the birth to be registered on production to him or her of such evidence as he or she considers adequate for the purpose which, in the case referred to in paragraph (b) , shall include, if the place where the birth occurred is known, evidence that the Superintendent Registrar F62 [ in whose registration area ] the birth occurred made all reasonable efforts to find the parents or a qualified informant.

(6) In this section “qualified informant”, in relation to the birth of a child, means—

( a) the parents or the surviving parent of the child,

( b) a guardian of the child,

( c) a person present at the birth,

( d) if the birth occurred in a building used as a dwelling or a part of a building so used, any person who was in the building or part at the time of the birth,

( e) if the birth occurred in a hospital or other institution or in a building or a part of a building occupied by any other organisation or enterprise the chief officer of the institution, organisation or enterprise (by whatever name called) or a person authorised by the chief officer to perform his or her functions,

( f) a person having charge of the child, or

( g) a man who duly makes a request under paragraph (c) or (d) of section 22(2) .

Annotations:

Amendments:

F61

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 6(a), S.I. No. 887 of 2004.

F62

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 6(b), S.I. No. 887 of 2004.

F63

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(a), not commenced as of date of revision.

F64

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(b)(i), not commenced as of date of revision.

F65

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(b)(ii), not commenced as of date of revision.

F66

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(c), not commenced as of date of revision.

F67

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(d), not commenced as of date of revision.

Modifications (not altering text):

C5

Prospective affecting provision: section amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 5, not commenced as of date of revision.

19.—...

F63 [ (1A) It is the duty of a person referred to in paragraph (a) or (b) of subsection (1) to furnish to the registrar such evidence in his or her possession or within his or her power to so furnish, relating to the required particulars of the birth as may be requested by the registrar. ]

...

( b) there, to give to the registrar, to the best of his or her knowledge and belief, the required particulars of F64 [ the birth, ]

F65 [ (ba) to furnish to the registrar such evidence in his or her possession or within his or her power to so furnish, relating to the required particulars of the birth as may be requested by the registrar, and ]

...

F66 [ (5A) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chl á raitheoir of a request in that behalf, and an tArd-Chl á raitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (1) or a qualified informant has not signed the register. ]

(6) In this section “qualified informant”, in relation to the birth of a child, means— ...

F67 [ (aa) in so far as it relates to a child who makes a request under section 22(2)(d) or 23A(1) , the child, ]

...