Civil Registration Act 2004

Re-registration of birth to include name of father.

23

23.—(1) Where the birth of a child whose parents were not married to each other at the date of the birth or at any time during the period of 10 months ending immediately before that date has been registered under this Act or the repealed enactments but no person has been registered as the child's father, then, subject to subsection (2) , any registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (“the person”) as the father of the child—

( a) if the mother of the child and the person jointly so request the registrar in writing and give to him or her a declaration in writing, in a form for the time being standing approved by an tArd-Chláraitheoir, 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 for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child, and

(ii) a statutory declaration 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,

or

( d) if the mother or the person so requests the registrar in writing and gives to the registrar 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.

(2) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar F91 [ of the registration area to which the registrar is assigned ].

(3) Where, in a case in which the mother of a child to whom sub-section (1) applies was married at the date of the birth of the child or at some time during the period of 10 months before such date and, but for this subsection, the birth would fall to be re-registered under that subsection pursuant to a request under paragraph (a), (b) or (c) thereof, and a person would fall to be registered under that subsection as the father of the child, the birth shall not be so re-registered and the person shall not be so registered unless there is produced to the registrar concerned—

( a) a statutory declaration of the person to whom the mother was married at that date and of the person or each person to whom she 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 the person or each person who was formerly, her husband during a period ending immediately before the date of the birth of the child of more than 10 months by virtue of a decree of divorce, a decree of divorce a mensa et thoro , a decree of nullity F92 [ of marriage ] or a deed of separation.

(4) Where a birth is re-registered under this section, the surname of the child entered in the register shall be—

( a) that which was previously registered, or

( b) a surname determined in accordance with Part 1 or, as may be appropriate, Part 2 of the First Schedule.

(5) A birth which has been re-registered under this section may not be further re-registered save under section 24 .

(6) When a birth is being re-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 (1) , 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 (1).

(7) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.

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

Annotations:

Amendments:

F91

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 8, S.I. No. 887 of 2004.

F92

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 12, S.I. No. 648 of 2010.

F93

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 7(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C9

Prospective affecting provision: section substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 7(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

F93 [ 23. (1) This section applies where the birth of a child whose parents were not married to each other at the date of the birth or at any time during the period of 10 months ending immediately before that date has been registered under this Act or the repealed enactments and

(a) no person has been registered as the child s father, or

(b) the mother of the child was married at the date of the birth of the child or at some time during the period of 10 months before such date and her husband or former husband is registered as the child s father.

(1A) Subject to subsection (2) , a registrar shall re-register the birth of a child to whom subsection (1) applies in such manner as an tArd- Chl á raitheoir may direct and shall enter in the register the name of a person (in this section referred to as the person ) as the father of the child

(a) if the mother of the child and the person jointly so request the registrar in writing and give to him or her a statutory declaration, in a form for the time being standing approved by an tArd-Chl á raitheoir, 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 statutory declaration of the mother, in a form for the time being standing approved by an tArd-Chl á raitheoir, 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-Chl á raitheoir, 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 statutory declaration of the person, in a form for the time being standing approved by an tArd-Chl á raitheoir, that he is the father of the child, and

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

(2) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

(3) Where, in a case in which the mother of a child to whom subsection (1) applies was married at the date of the birth of the child or at some time during the period of 10 months before such date and, but for this subsection, the birth would fall to be re-registered pursuant to a request under paragraph (a) , (b) or (c) of subsection (1A) , and a person would fall to be registered under subsection (1A) as the father of the child, the birth shall not be so re-registered and the person shall not be so registered unless there is produced to the registrar concerned

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

(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 the person or each person who was formerly, her husband (in this section referred to as the 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

(c) subject to subsections (3A) to (3G) a statutory declaration of the mother, that she has been living apart from 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, 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.

(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 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, 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 or former 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 enter in the register the name of the person as the child s father, or

(b) if not 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 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 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 all information furnished by the mother under subsection (3)(c) , the reasons furnished by the registrar under subsection (3C)(b) , the notice of appeal under subsection (3D) and any additional information furnished in response to a request by the Superintendent Registrar for further information and shall decide to either

(a) annul the decision of the registrar under subsection (3C)(b) and direct the registrar to enter in the register the name of the person as the child s father, or

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

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

(3G) The jurisdiction conferred on the Circuit Court by subsection (3F) 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 a birth is re-registered under this section, the surname of the child entered in the register shall be

(a) that which was previously registered, or

(b) a surname determined in accordance with Part 1 or, as may be appropriate, Part 2 of the First Schedule .

(5) A birth which has been re-registered under this section may not be further re-registered save under section 23A or 24 .

(6) When a birth is being re-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 (1) , 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 (1) .

(6A) 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 re-registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (6) has not signed the register.

(7) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.

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

C10

Application of section restricted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 94, commenced as per s. 1(7).

Sections 23 and 23A of Act of 2004 not to apply to donor-conceived child

94. Sections 23 and 23A of the Act of 2004 shall not apply to a donor-conceived child (within the meaning of Part 2).