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was previously included in the collectively cited Births and Deaths Registration Acts 1863 to 1996, most of which were repealed (5.12.2005 and 5.11.2007) by the Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005 and S.I. No. 736 of 2007.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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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
Preliminary and General
Amendment of the Act of 1931
Guardianship
Maintenance
Maintenance order (provision for certain dependent children). |
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Property Rights
Declarations of Parentage
Blood Tests in Determining Parentage in Civil Proceedings
Presumptions and Evidential Provisions
Registration and Re-registration of Births
Amendment of Births and Deaths Registration Act (Ireland), 1880. |
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Acts Referred to |
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1952, No. 25 |
|
Adoption Acts, 1952 to 1976 |
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1985, No. 2 |
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Births and Deaths Registration Act (Ireland), 1880 |
43 and 44 Vict., c. 13 |
Births and Deaths Registration Acts, 1863 to 1972 |
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1981, No. 11 |
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1954, No. 18 |
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1979, No. 28 |
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Evidence Further Amendment Act, 1869 |
32 and 33 Vict., c. 68 |
1976, No. 11 |
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Friendly Societies Act, 1896 |
59 and 60 Vict., c. 25 |
1964, No. 7 |
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1970, No. 1 |
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1930, No. 17 |
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Industrial and Provident Societies Act, 1893 |
56 and 57 Vict., c. 39 |
Irish Nationality and Citizenship Acts, 1956 and 1986 |
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1931, No. 13 |
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1956, No. 10 |
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Provident Nominations and Small Intestacies Act, 1883 |
46 and 47 Vict., c. 47 |
Savings Banks Act, 1887 |
50 and 51 Vict., c. 40 |
1981, No. 1 |
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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:
E1
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.
E2
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.
E3
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).
E4
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).
E5
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).
E6
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).