Civil Registration Act 2004
F92 [ Re-registration on foot of court order
23A. — ]
Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2010), s. 8, not commenced as of date of revision.
Modifications (not altering text):
Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 8, not commenced as of date of revision.
F92 [ 23A. (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date has been registered, whether or not anybody has been registered as the child ’ s father, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chl á raitheoir may direct and shall enter in the register the name of a person ( ‘ the person ’ ) as the father of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the Circuit Court 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 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 of the registration area to which the registrar is assigned.
(3) 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 of the First Schedule .
(4) Where one of the persons to whom subsection (1) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request and anybody registered as the child ’ s father as the case may be.
(5) 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 under subsection (1) ,
(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 under subsection (1) , and
(c) the child to whom the registration relates, if he or she has attained the age of 18 years where he or she has made, or joined in the making of the request concerned under subsection (1) .
(6) 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) , (b) or (c) of subsection (5) 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. ]
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).
The section heading is taken from the amending section in the absence of one included in the amendment.