Civil Registration Act 2004

25A

F93 [ Failure to agree surname and subsequent registration of surname

25A. ]

Annotations:

Amendments:

F93

Inserted by Civil Registration (Amendment) Act 2014 (34/2010), s. 9, not commenced as of date of revision.

F94

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 96(2), not commenced as of date of revision.

Modifications (not altering text):

C17

Prospective affecting provision: subss. (2) and (3), as prospectively inserted as per C-note below, amended by Children and Family Relationships Act 2015 (9/2015), s. 96(2), not commenced as of date of revision.

(2) The duty imposed on a person under this Part to give to the registrar required particulars of the birth, in so far as those particulars refer to a surname for the child shall not apply where the registrar registers the birth under subsection (1), or under subsection (1E)(a) or F94 [ (1K) ] of section 22.

(3) Where a birth has been entered on the register under subsection (1) or under subsection (1E)(a) or F94 [ (1K) ] of section 22 the following persons may apply to a registrar to register the surname of the child:

...

C18

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2010), s. 9, not commenced as of date of revision.

F93 [ 25A. (1) A registrar shall register the birth of a child without the surname of the child as part of the required particulars where the registrar is satisfied that the parents of the child do not agree regarding a surname for the child.

(2) The duty imposed on a person under this Part to give to the registrar required particulars of the birth, in so far as those particulars refer to a surname for the child shall not apply where the registrar registers the birth under subsection (1) , or under subsection (1E)(a) or (1J) of section 22 .

(3) Where a birth has been entered on the register under subsection (1) or under subsection (1E)(a) or (1J) of section 22 the following persons may apply to a registrar to register the surname of the child:

(a) where the child concerned has not attained the age of 18 years

(i) the parents of the child, where they satisfy the registrar that they have agreed a surname for the child,

(ii) the surviving parent of the child, or

(iii) where there is no surviving parent, the guardian of the child,

or

(b) where the child concerned has attained the age of 18 years, the child.

(4) On receipt of an application referred to in subsection (3) in a form standing approved by an tArd-Chl á raitheoir or a form to the like effect, and on production to the registrar of such evidence as appears to him or her to be satisfactory and on payment of the prescribed fee, the registrar shall register the surname of the child.

(5) The surname of the child entered in the register under subsection (4) shall be a surname determined in accordance with Part 1 of the First Schedule .

(6) Where the surname of the child is entered in the register under subsection (4) , the existing entry in the register regarding the birth shall be retained in the register, the addition of the surname shall be deemed for all purposes to be and always to have been part of the original entry, and the surname so entered in the register may not be further changed, altered or added to. ]

Editorial Notes:

E50

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