Civil Registration Act 2004

Registration of father where parents not married.

22

22.—(1) The father of a child who was not married to the mother of the child at the date of his or her birth or at any time during the period of 10 months before such birth shall not be required to give information under this Act about the birth.

(2) Subject to subsection (3), any registrar shall enter in the register the name of a person (“the person”) as the father of a child to whom subsection (1) applies—

( a) if the mother of the child (“the mother”) and the person jointly so request the registrar in writing and give to him or her a declaration in writing of the person that he is the father of the child, or

( b) if the mother so requests the registrar in writing and gives to him or her—

(i) a declaration in writing of the mother, in a form for the time being standing approved by an tArd-Chláraitheoir, that the person is the father of the child, and

(ii) a statutory declaration of the person, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child,

or

( c) if the person so requests the registrar in writing and gives to him or her—

(i) a declaration in writing of the person, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is the father of the child, and

(ii) a statutory declaration of the mother, in a form standing approved for the time being by an tArd-Chláraitheoir, that the person is the father of the child,

or

( d) if the mother or the person so requests the registrar in writing and produces to him or her a document purporting to be a copy of an order made by a court in proceedings referred to in section 45 of the Status of Children Act 1987 and to be certified by or on behalf of the court to be a true copy of the order, finding that the person is the father of the child.

(3) Where, in a case in which the mother of a child to whom sub-section (1) applies (“the mother”) 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, a person would, but for this subsection, fall to be registered under subsection (2) pursuant to a request under paragraph (a), (b) or (c) of that subsection, as the father of the child, the person shall not be so registered unless there is produced to a registrar—

( a) a statutory declaration of the person or each person to whom the mother was married at some time during the period aforesaid, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is not the father of the child, or

( b) a statutory declaration of the mother, in a form standing approved for the time being by an tArd-Chláraitheoir, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity F68 [ of marriage ] or a deed of separation.

(4) Where one of the persons to whom in any particular case sub-section (2)(d) applies makes a request to a registrar under that provision, the registrar shall notify the other person of the request.

(5) When a birth is being registered under this section, the register shall be signed by—

( a) the mother of the child concerned if she has made, or joined in the making of, the request concerned under subsection (2) , and

( b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under subsection (2).

(6) This section applies, with any necessary modifications, to stillbirths as it applies to births.

Annotations:

Amendments:

F68

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 11, S.I. No. 648 of 2010.

F69

Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(i), not commenced as of date of revision, subject to transitional provision in subs. (2).

F70

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(ii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F71

Substituted by Civil Registration Act 2019 (13/2019), s. 4(1)(a), (c), not commenced as per subs. (2) as of date of revision.

F72

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(e), not commenced as of date of revision, subject to transitional provision in subs. (2).

F73

Deleted by Civil Registration Act 2019 (13/2019), s. 4(1)(b), not commenced as per subs. (2) as of date of revision.

F74

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 96(1), not commenced as of date of revision.

F75

Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(a), not commenced as of date of revision, subject to transitional provision in subs. (2).

F76

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(b), not commenced as of date of revision, subject to transitional provision in subs. (2).

F77

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(c)(i), not commenced as of date of revision, subject to transitional provision in subs. (2).

F78

Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(c)(ii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F79

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(c)(iii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F80

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(iii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F81

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(iv), not commenced as of date of revision, subject to transitional provision in subs. (2).

F82

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(f), not commenced as of date of revision, subject to transitional provision in subs. (2).

F83

Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(g)(i), not commenced as of date of revision, subject to transitional provision in subs. (2).

F84

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(g)(ii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F85

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(g)(iii), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C9

Prospective affecting provision: subs. (3)(c) substituted, subss. (3A), (3B) deleted and subs. (3C) amended by Civil Registration Act 2019 (13/2019), s. 4(1), not commenced as per subs. (2) and as of date of revision.

(3) Where, in a case in which the mother F69 [ ] 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, a person would, but for this subsection, F70 [ fall to be registered under subsection (1C) or pursuant to a request under paragraph (a) , (b) or (c) of subsection (2) ] , as the father of the child, the person shall not be so registered unless there is produced to a registrar—

...

F71 [ (c) a statutory declaration of the mother, that she has been living apart from the person who is, or any person who formerly was, her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall exhibit information, particulars and evidence relied on by the mother to establish the date that she has been living apart from the person who is or was her husband during the period of 10 months ending immediately before the birth of the child. ]

F72 [ (3A) F73 [ ]

(3B) F73 [ ]

(3C) F71 [ Where a statutory declaration under subsection (3)(c) is produced, the registrar, having considered the declaration shall ]

... ]

C10

Prospective affecting provision: subs. (1K), as prospectively inserted as per C-note below, amended by Children and Family Relationships Act 2015 (9/2015), s. 96(1), not commenced as of date of revision.

(1K) The registrar, if satisfied having made all reasonable efforts under subsection F74 [ (1B)(ii) ] that no contact can be made with the person, shall complete the registration of the birth of the child with the required particulars other than those relating to the father.

C11

Prospective affecting provision: section amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 6, not commenced as of date of revision.

22.—(1) F75 [ ]

F76 [ (1A) Subject to subsection (1E)(a) , the duty of a person referred to in section 19(1)(a) to comply with this Part applies notwithstanding that the father and mother of the child whose birth falls to be registered were not married to each other at the date of the child s birth or at any time during the period of 10 months before such birth.

(1B) Where the mother of the child to whom subsection (1A) applies (in this section referred to as the mother )

(a) attends under section 19(1) without the person (in this subsection and subsections (1C) to (1K) referred to as the person ) whom she identifies to the registrar as the father of the child,

(b) gives, unless subsection (1D) applies, to the registrar the required particulars of the birth, and

(c) signs the register,

the registrar shall

(i) register the birth of the child with required particulars, other than the surname of the child and those relating to the father of the child, and

(ii) make all reasonable efforts to give notice in writing to the person requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is the father of the child.

(1C) A person given notice under subsection (1B)(ii) who agrees that he is the father of the child shall furnish to the registrar a statutory declaration, in a form for the time being standing approved by an tArd-Chl á raitheoir, that he is the father of the child, and his required particulars and the required particulars relating to the surname of the child, and the registrar, subject to section 25A , shall complete the registration of the birth of the child with those required particulars and the person shall sign the register in the presence of the registrar and in that case the signature provided by the mother under subsection (1B)(c) shall be retained on the register.

(1D) A mother may furnish to a registrar a statutory declaration made by her and relied on by her to satisfy the registrar that one or more than one of the following compelling reasons exists so as to exempt her from her duty to furnish to the registrar required particulars in so far as they relate to the father of the child:

(a) she does not know the identity of the father of the child;

(b) she does not know the whereabouts of the father of the child;

(c) she believes that providing the information is not in the best interests of the safety of the child and in that case the statutory declaration shall contain and, as necessary, exhibit information, particulars and evidence relating to that belief.

(1E) The registrar, having considered the statutory declaration furnished under subsection (1D) shall

(a) if satisfied that a compelling reason exists, register the birth of the child with required particulars, other than those relating to the father of the child, or

(b) if not satisfied that a compelling reason exists

(i) register the birth of the child with required particulars, other than the surname of the child and those relating to the father of the child, and

(ii) notify the mother of the child in writing that he or she is not satisfied that a compelling reason exists, giving reasons for the decision and requesting the mother to furnish required particulars in so far as they relate to the father of the child, and stating that she may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

(1F) The mother may appeal against the decision of the registrar under subsection (1E)(b) in writing, in a form standing approved by an tArd- Chl á raitheoir or in a form to the like effect stating the reasons for the appeal, to a Superintendent Registrar in whose registration area the application to register the birth was made, not later than 28 days from the day on which the notice under subsection (1E)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal in accordance with subsection (1G) .

(1G) In considering an appeal referred to him or her under subsection (1F) the Superintendent Registrar shall consider

(a) all information furnished by the mother under subsection (1D)(c) ,

(b) the reasons furnished by the registrar under subsection (1E)(b) ,

(c) the notice of appeal under subsection (1F) , and

(d) any additional information furnished in response to a request by the Superintendent Registrar for further information.

(1H) Having considered the matters referred to in paragraphs (a) to (d) of subsection (1G) the Superintendent Registrar shall decide to either

(a) annul the decision of the registrar under subsection (1E)(b) and direct the registrar to register the birth of the child under subsection (1E)(a) , or

(b) confirm the decision of the registrar under subsection (1E)(b) .

(1I) A mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (1H)(b) .

(1J) The jurisdiction conferred on the Circuit Court by subsection (1I) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.

(1K) The registrar, if satisfied having made all reasonable efforts under subsection (1B)(b) (ii) that no contact can be made with the person, shall complete the registration of the birth of the child with the required particulars other than those relating to the father. ]

(2) Subject to subsection (3), any registrar shall enter in the register the name of a person F77 [ (in this subsection referred to as the person ) ] as the father of a child to whom subsection (1) applies—

( a) if the mother F78 [ ] and the person jointly so request the registrar in writing and give to him or her a declaration in writing of the person that he is the father of the child, or

...

F79 [ (d) if the mother, person, or the child to whom the registration relates, if he or she has attained the age of 18 years and so requests the registrar in writing and produces to him or her a document purporting to be a declaration made under section 35 of the Status of Children Act 1987 or an order made by a court in proceedings referred to in section 45 of that Act and to be certified by or on behalf of the court to be a true copy of the declaration or order that the person is the father of the child. ]

(3) Where, in a case in which the mother F69 [ ] 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, a person would, but for this subsection, F70 [ fall to be registered under subsection (1C) or pursuant to a request under paragraph (a) , (b) or (c) of subsection (2) ] , as the father of the child, the person shall not be so registered unless there is produced to a registrar—

...

F80 [ ( b ) a statutory declaration of the mother in a form standing approved for the time being by an tArd-Chl á raitheoir, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity of marriage or a deed of separation, or ]

F81 [ ( c ) subject to subsections (3A) to (3G) a statutory declaration of the mother, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall contain the name and last known contact details of the person who is her husband ( the husband ), and as necessary exhibit information, particulars and evidence relied on by the mother to satisfy the registrar that she has been living apart from the husband during the period of 10 months ending immediately before the birth of the child. ]

F72 [ (3A) The registrar, where a statutory declaration under subsection (3)(c) is produced, shall make all reasonable efforts to give notice in writing to the husband or former husband requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is not the father of the child.

(3B) The husband or former husband given notice under subsection (3A) who agrees that he is not the father of the child shall complete a statutory declaration under subsection (3)(a) .

(3C) The registrar, if satisfied having made all reasonable efforts under subsection (3A) that no contact can be made with the husband, and, having considered the statutory declaration of the mother under subsection (3)(c)

(a) if satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall register the person as the father of the child under subsection (1C) , or paragraph (a) , (b) or (c) of subsection (2) , or

(b) if not satisfied that the mother has been living apart from the husband or former husband during the period of 10 months ending immediately before the birth of the child shall notify the mother in writing that

(i) he or she is not so satisfied, giving reasons for the decision,

(ii) he or she is obliged to register the birth of the child with required particulars of the husband or former husband in so far as they relate to the father of the child, and

(iii) the mother may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

(3D) The mother may appeal against the decision of the registrar under subsection (3C)(b) in writing, in a form standing approved by an tArd- Chl á raitheoir or in a form to the like effect stating the reasons for the appeal, to a Superintendent Registrar in whose registration area the application to register the birth was made, not later than 28 days from the day on which the notice under subsection (3C)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal.

(3E) In considering an appeal referred to him or her under subsection (3D) the Superintendent Registrar shall consider

(a) all information furnished by the mother under subsection (3)(c) ,

(b) the reasons furnished by the registrar under subsection (3C)(b) ,

(c) the notice of appeal under subsection (3D) , and

(d) any additional information furnished in response to a request by the Superintendent Registrar for further information.

(3F) Having considered the matters referred to in paragraphs (a) to (d) of subsection (3E) , the Superintendent Registrar shall decide to either

(a) annul the decision of the registrar under subsection (3C)(b) and direct the registrar to register the birth of the child under subsection (3C)(a) , or

(b) confirm the decision of the registrar under subsection (3C)(b) .

(3G) The mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (3F)(b) .

(3H) The jurisdiction conferred on the Circuit Court by subsection (3G) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public. ]

(4) Where one of the persons to whom in any particular case sub-section (2)(d) applies makes a request to a registrar under that provision, the registrar F82 [ shall so notify the other persons referred to in that provision as capable of making a request ] of the request.

(5) When a birth is being registered under this section, the register shall be signed by—

( a) the mother of the child concerned if she has made, or joined in the making of, the request concerned under subsection (2) , F83 [ ]

( b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under F84 [ subsection (2) , and ]

F85 [ (c) the child to whom the registration relates who has attained the age of 18 years if he or she has made or joined in the making of the request concerned under subsection (2) . ]

...

Editorial Notes:

E42

Previous affecting provision: subs. (3)(c) inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(iv), not commenced as of date of revision, subject to transitional provision in subs. (2); substituted by Civil Registration Act 2019 (13/2019), s. 4(1)(a), not commenced as per subs. (2) and as of date of revision.

E43

Previous affecting provision: subss. (3A), (3B) inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(e), not commenced as of date of revision, subject to transitional provision in subs. (2); deleted as per F-note above.