Civil Registration Act 2004

23B

F90 [ Re-registration of birth of donor-conceived child on foot of court order

23B. ]

Annotations:

Amendments:

F90

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 95, not commenced as of date of revision.

F91

Substituted by Civil Registration Act 2019 (13/2019), s. 5(1), not commenced as per subs. (2) as of date of revision.

Modifications (not altering text):

C16

Prospective affecting provision: section inserted by Children and Family Relationships Act 2015 (9/2015), s. 95, not commenced as of date of revision. Section amended by Civil Registration Act 2019 (13/2019), s. 5, not commenced as per subs. (2) and as of date of revision.

F90 [ 23B. (1) Where the birth of a child has been registered under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chl á raitheoir may direct and shall enter in the register the name of a person (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 parent 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 District Court under section 21 of the F91 [ Children and Family Relationships Act 2015 ] , or by the Circuit Court under section 22 of the F91 [ Children and Family Relationships Act 2015 ] , 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 parent of the child.

(2) Where the birth of a donor-conceived child has been registered, whether or not anybody other than the child s mother has been registered as a parent of the child, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chl á raitheoir may direct and shall enter in the register the name of a person (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 parent 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 , 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 parent of the child.

(3) 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.

(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 of the First Schedule .

(5) 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.

(6) Where one of the persons to whom subsection (2) 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 a parent, other than the mother, of the child, as the case may be.

(7) When a birth is being re-registered under this section, the register shall be signed by

(a) the mother of the child, if she has made, or joined in the making of, the request under subsection (1) or (2) ,

(b) the person declared by the court referred to in subsection (1) or (2) to be the parent of the child, if he or she has made, or joined in the making of, the request under that subsection, and

(c) the child to whom the registration relates, if he or she has reached the age of 18 where he or she has made, or joined in the making of the request concerned under subsection (1) or (2) .

(8) 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 (7) has not signed the register.

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

(10) Where the person declared by the court referred to in subsection (1) or (2) to be the parent of the child is a male, he may be registered as the father of the child. ]

Editorial Notes:

E45

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