Civil Registration Act 2004

19A

F65 [ Special provisions in relation to registration of birth of donor-conceived child

19A. ... ]

Annotations:

Amendments:

F65

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 93, not commenced as of date of revision.

F66

Substituted by Civil Registration Act 2019 (13/2019), s. 3(1), not commenced as per subs. (2) as of date of revision.

Modifications (not altering text):

C7

Prospective affecting provision: section inserted by Children and Family Relationships Act 2015 (9/2015), s. 93, not commenced as of date of revision. Section amended by Civil Registration (Amendment) Act 2019 (13/2019), s. 3, not commenced as per subs. (2) as of date of revision.

F65 [ 19A. (1) Where a child who is a donor-conceived child is born, the person referred to in paragraph (a) or (b) of section 19(1) shall comply with that section in relation to the birth, and shall also give the following to the registrar

(a) the certificate furnished to the person under section 27 (5) of the F66 [ Children and Family Relationships Act 2015 ] ,

(b) a statutory declaration referred to in subsection (2) .

(2) A statutory declaration referred to in subsection (1)(b) shall be in the form for the time being standing approved by an tArd-Chl á raitheoir, and shall state

(a) the parent or parents of the child consented, in accordance with Part 2 of the F66 [ Children and Family Relationships Act 2015 ] , to being the parents, under section 5 of that Act, of the child, and

(b) no person, other than the parent or parents referred to in paragraph (a), is the parent of the child.

(3) Where section 19(3) applies in relation to a birth referred to in subsection (1) , the qualified informant concerned shall comply with that section, and shall also give the following to the registrar

(a) the certificate referred to in subsection (1)(a) , and

(b) such evidence in his or her possession or within his or her power to so furnish relating to the consent by the parent or parents, or any other person, under Part 2 of the F66 [ Children and Family Relationships Act 2015 ] , to being the parents, under section 5 of that Act, of the child.

(4) Where the mother of a child referred to in subsection (1) was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, and another person would, but for this subsection fall to be registered as a parent of the child under section 19 , that person shall not be so registered unless the person complies with subsection (3) and subsections (3A) to (3H) of section 22(3) .

(5) Where

(a) paragraphs (i) to (iii) of section 19(1) and subsection (1) , or

(b) as the case may be, paragraphs (a) to (c) of section 19(3) and subsection (3) ,

have been complied with in relation to a birth to which subsection (1) applies, the registrar concerned shall register the birth in accordance with this section and in such manner as an tArd-Chl á raitheoir may direct.

(6) In registering the birth of a child under this section, the registrar shall note on the register that the child is a child to whom subsection (1) applies.

(7) A note referred to in subsection (6) shall not be shown on any birth certificate issued to the child.

(8) Where

(a) the birth of a child has been registered other than under this section, and

(b) the registrar receives information from the Minister for Health to the effect that the child is a child to whom subsection (1) applies,

the registrar shall contact the persons who complied with section 19(1) in relation to the birth of the child and such other persons as he or she considers necessary, and make the enquiries necessary to determine whether the birth of the child should be re-registered under this section.

(9) Where the registrar, having made the enquiries referred to in subsection (8) , is of the opinion that the child concerned is a child to whom subsection (1) applies, he or she shall re-register the birth of the child under this section and enter in the register the name of the person who is, or persons who are, under section 5 of the F66 [ Children and Family Relationships Act 2015 ] , the parent or parents of the child.

(10) Where a person whose birth was registered in accordance with this section and who has attained the age of 18 years applies for a birth certificate, the registrar shall contact that person to inform him or her that further information relating to him or her is available from the National Donor-Conceived Person Register. ]

Editorial Notes:

E41

The section heading is taken from the amending section in the absence of one included in the amendment.