7.—(1) A person is an Irish citizen from birth if at the time of his or her birth either parent was an Irish citizen or would if alive have been an Irish citizen.

(2) (a) Subject to subsections (4) and (5), a person born in the island of Ireland is an Irish citizen from birth if he or she does, or if not of full age has done on his or her behalf, any act which only an Irish citizen is entitled to do.

(b) The fact that a person so born has not done, or has not had done on his or her behalf, such an act shall not of itself give rise to a presumption that the person is not an Irish citizen or is a citizen of another country.

(3) Subsection (1) shall not confer Irish citizenship on a person born outside the island of Ireland if the parent through whom he or she derives citizenship was also born outside the island of Ireland unless—

(a) that person's birth is registered under section 27, or

(b) the parent through whom that person derives citizenship was at the time of that person's birth abroad in the public service:

Provided that the Irish citizenship of a person who, after 1 July, 1986, is registered under section 27 shall commence only as on and from the date of such registration.

F20[(3A) A person to whom paragraph (b) of subsection (3) applies shall be deemed to have been born F21[in] the island of Ireland for the purposes of that subsection.]

F22[(3B) A person born outside the island of Ireland, other than a person to whom subsection (3)(b) applies, who derives citizenship through a parent who—

(a) was born in the island of Ireland, and

(b) at the time of the person’s birth was abroad in the public service,

shall be deemed to have been born in the island of Ireland for the purposes of this section.

(3C) Subsection (3B) shall apply to a person born before or after the coming into operation of section 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023.]

(4) Nothing in this section shall confer Irish citizenship on a person not an Irish citizen immediately before its coming into operation, nor deprive of Irish citizenship a person who immediately before its coming into operation was an Irish citizen.]