Civil Registration Act 2004

Registration of stillbirths.

28

28.—(1) Subject to the provisions of this Part, when a child is stillborn—

( a) the parents or, if one of the parents is dead, the surviving parent of the child, or

( b) if both of the parents are dead, a relative of either parent,

may F97 [ ]

(i) attend before any registrar,

(ii) give to the registrar, to the best of his or her knowledge and belief, the required particulars of the stillbirth and, if it has been obtained, the certificate referred to in subsection (3) ,

(iii) after the registrar has entered the required particulars in relation to the stillbirth in the register, sign the register in the presence of the registrar.

(2) Where a person referred to in subsection (1) has taken the steps specified in paragraphs (i) to (iii) of that subsection in relation to a stillbirth, the registrar concerned shall register the stillbirth in the register in such manner as an tArd-Chláraitheoir may direct.

(3) Where a registered medical practitioner has attended the stillbirth of a child, or examined a stillborn child, he or she shall, if so requested by a person referred to in subsection (1), give to him or her a certificate signed by the practitioner stating—

( a) that he or she attended the stillbirth or, as the case may be, examined the child,

( b) the estimated weight and gestational age of the child, and

( c) if the stillbirth occurred in a hospital or other institution or the mother of the child was treated in a hospital or other institution, the name and address of the institution.

(4) Where a stillbirth is not registered during the period of 12 months from the date of the stillbirth, F98 [ Superintendent Registrar in whose registration area ] the stillbirth occurred may—

( a) in case the stillbirth took place, or the mother of the child was treated, in a hospital or other institution, request the institution, and

( b) in case the stillbirth did not take place in a hospital or other institution, but a registered medical practitioner attended the stillbirth or treated the child or a midwife attended the stillbirth, request the practitioner or midwife,

to give to any registrar F98 [ in that registration area ] the required particulars of the stillbirth, and the institution or person, as the case may be, shall comply with the request.

(5) Where the required particulars in relation to a stillbirth are given to a registrar pursuant to subsection (1) or (4) and if one has been obtained, the certificate referred to in subsection (3), is given to the registrar pursuant to subsection (1), the registrar shall register the birth in such manner as an tArd-Chláraitheoir may direct.

(6) Where a certificate referred to in subsection (3) is given to a person referred to in that subsection, a duplicate of the certificate may be used for the purpose of the registration of the stillbirth concerned.

(7) If, in the course of his duties, a coroner ascertains that a body is that of a stillborn child, he or she shall notify a registrar in the F98 [ registration area ] in which the body is located of the stillbirth and shall give to the registrar, in as far as he or she can ascertain them, the required particulars in relation to the stillbirth, and the registrar shall register the stillbirth in such manner as an tArd-Chláraitheoir may direct.

Annotations:

Amendments:

F97

Deleted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 10, S.I. No. 357 of 2015.

F98

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 10, S.I. No. 887 of 2004.

Modifications (not altering text):

C21

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

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