Status of Children Act 1987

Number 26 of 1987

STATUS OF CHILDREN ACT 1987

REVISED

Updated to 4 May 2020

This Revised Act is an administrative consolidation of the Status of Children Act 1987. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including the Planning and Development Act 2000 (Subsection (4) of Section 251A) (No. 2) Order 2020 (S.I. No. 165 of 2020), made 8 May 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 26 of 1987

STATUS OF CHILDREN ACT 1987

REVISED

Updated to 4 May 2020

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other legislation. It was previously included in the collectively cited Births and Deaths Registration Acts 1863 to 1996, most of which were repealed (5.12.2005 and 5.11.2007) by the Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005 and S.I. No. 736 of 2007.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Mediation Act 2017 (27/2017)

• Children and Family Relationships Act 2015 (9/2015)

• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

• Adoption Act 2010 (21/2010)

• Civil Liability and Courts Act 2004 (31/2004)

• Civil Registration Act 2004 (3/2004)

• Taxes Consolidation Act 1997 (39/1997)

• Births and Deaths Registration Acts 1863 to 1996

• Registration of Births Act 1996 (36/1996)

• Family Law Act 1995 (26/1995)

• Stillbirths Registration Act 1994 (1/1994)

• Judicial Separation and Family Law Reform Act 1989 (6/1989)

• Finance Act 1988 (12/1988)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Registration of Stillbirths Regulations 1994 (S.I. No. 426 of 1994)

• Blood Tests (Parentage) Regulations 1988 (S.I. No. 215 of 1988)

• Registration of Births Regulations 1988 (S.I. No. 123 of 1988)

All statutory instruments up to and including Planning and Development Act 2000 (Subsection (4) of Section 251A) (No. 2) Order 2020 (S.I. No. 165 of 2020), made 8 May 2020, were considered in the preparation of this revision.

Number 26 of 1987

STATUS OF CHILDREN ACT 1987

REVISED

Updated to 4 May 2020

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title and commencement.
2.	Interpretation.
3.	Marital status of parents to be of no effect on relationships.
4.	Construction of references to persons whose parents have or have not married each other, etc.
5.	Meaning of father, mother, parent in Irish Nationality and Citizenship Acts, 1956 and 1986.

PART II

Amendment of the Act of 1931

6.	Definition (Part II).
7.	Amendment of section 1 of the Act of 1931.

PART III

Guardianship

8.	Definition (Part III).
9.	Amendment of section 2 of the Act of 1964.
10.	Proof of paternity in certain proceedings.
11.	Amendment of section 6 of the Act of 1964.
12.	Power of court to appoint certain fathers as guardians.
13.	Amendment of section 11 of the Act of 1964.

PART IV

Maintenance

14.	Definition (Part IV).
15.	Disputed parentage in maintenance proceedings, etc.
16.	Amendment of section 3 of the Act of 1976.
17.	Amendment of section 5 of the Act of 1976.
18.	Maintenance order (provision for certain dependent children).
19.	Amendment of section 6 of the Act of 1976.
20.	Orders in respect of certain other agreements.
21.	Birth and funeral expenses of dependent child.
22.	Amendment of section 23 of the Act of 1976.
23.	Amendment of section 24 of the Act of 1976.
24.	Amendment of Defence Act, 1954.
25.	Repeal of the Act of 1930 and consequential provisions.

PART V

Property Rights

26.	Definition (Part V).
27.	Construction of dispositions, etc.
28.	Amendment of section 3 of the Act of 1965.
29.	Succession rights.
30.	Entitlement to grant of probate or administration.
31.	Amendment of section 117 of the Act of 1965.
32.	Repeals relating to property rights.

PART VI

Declarations of Parentage

33.	Definitions (Part VI).
34.	Jurisdiction and venue (Part VI).
35.	Declaration of parentage.
36.	Supplementary provisions to section 35.

PART VII

Blood Tests in Determining Parentage in Civil Proceedings

37.	Definitions (Part VII).
38.	Direction by court on blood tests.
39.	Consent to, and taking of, blood samples.
40.	Blood tests and reports.
41.	Regulations for purpose of giving effect to this Part.
42.	Failure to comply with direction on blood tests.
43.	Penalty for personation for blood test purposes.

PART VIII

Presumptions and Evidential Provisions

44.	Abrogation of presumption of legitimacy or illegitimacy.
45.	Finding of parentage as evidence in other proceedings.
46.	Presumptions of paternity and non-paternity.
47.	Admissibility of certain evidence.

PART IX

Registration and Re-registration of Births

48.	Re-registration of birth after declaration of parentage.
49.	Amendment of Births and Deaths Registration Act (Ireland), 1880.
50.	Construction and collective citation (Part IX).

Acts Referred to
Adoption Act, 1952	1952, No. 25
Adoption Acts, 1952 to 1976
Age of Majority Act, 1985	1985, No. 2
Births and Deaths Registration Act (Ireland), 1880	43 and 44 Vict., c. 13
Births and Deaths Registration Acts, 1863 to 1972
Courts Act, 1981	1981, No. 11
Defence Act, 1954	1954, No. 18
Defence (Amendment) (No. 2) Act, 1979	1979, No. 28
Evidence Further Amendment Act, 1869	32 and 33 Vict., c. 68
Family Law (Maintenance of Spouses and Children) Act, 1976	1976, No. 11
Friendly Societies Act, 1896	59 and 60 Vict., c. 25
Guardianship of Infants Act, 1964	1964, No. 7
Health Act, 1970	1970, No. 1
Illegitimate Children (Affiliation Orders) Act, 1930	1930, No. 17
Industrial and Provident Societies Act, 1893	56 and 57 Vict., c. 39
Irish Nationality and Citizenship Acts, 1956 and 1986
Legitimacy Act, 1931	1931, No. 13
Local Government (Superannuation) Act, 1956	1956, No. 10
Provident Nominations and Small Intestacies Act, 1883	46 and 47 Vict., c. 47
Savings Banks Act, 1887	50 and 51 Vict., c. 40
Social Welfare (Consolidation) Act, 1981	1981, No. 1
Succession Act, 1965	1965, No. 27
Superannuation Act, 1887	50 and 51 Vict., c. 67

Number 26 of 1987

STATUS OF CHILDREN ACT 1987

REVISED

Updated to 4 May 2020

AN ACT TO EQUALISE THE RIGHTS OF CHILDREN AND AMEND THE LAW RELATING TO THEIR STATUS AND FOR THOSE PURPOSES TO AMEND THE LAW RELATING TO LEGITIMACY AND TO GUARDIANSHIP OF INFANTS, TO AMEND AND EXTEND THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976, IN RELATION TO CERTAIN CHILDREN AND TO AMEND FURTHER THE LAW RELATING TO MAINTENANCE, TO AMEND THE LAW RELATING TO SUCCESSION AND OTHER PROPERTY RIGHTS, TO PROVIDE FOR DECLARATIONS OF PARENTAGE AND FOR THE USE OF BLOOD TESTS TO ASSIST IN THE DETERMINATION OF PARENTAGE, TO AMEND THE LAW RELATING TO CERTAIN PRESUMPTIONS AND EVIDENCE, TO MAKE FURTHER PROVISION FOR THE REGISTRATION AND RE-REGISTRATION OF BIRTHS AND TO PROVIDE FOR CONNECTED MATTERS. [14th December, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Editorial Notes:

Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2, S.I. No. 591 of 2017.

The Court may give directions to obtain a written report on any questions affecting the welfare of a party to the proceedings or any other person to whom the proceedings relate as provided (1.08.1996) by Family Law Act 1995 (26/1995), s. 47(1) and s. 47(6)(e), S.I. No. 46 of 1996.

Proceedings under Act included in definition of “family law proceedings” (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 30, commenced as per s. 46(2).

Circuit Court to be known as the Circuit Family Court when exercising its jurisdiction to hear and determine family law proceedings as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 31(1), commenced as per s. 46(2).

Circuit Family Court authorised to hear and determine proceedings instituted under Act at different places, times or days (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 32, commenced as per s. 46(2).

Conduct of family proceedings in District Court, Circuit Family Court and High Court required to be informal (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 33 and 45, commenced as per s. 46(2).

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Status of Children Act 1987