Status of Children Act 1987

Amendment of section 2 of the Act of 1964.


9.The Act of 1964 is hereby amended by the substitution for section 2 of the following section:


2.—(1) In this Act except where the context otherwise requires—

adoption order’ means—

(a) an adoption order made under the Adoption Acts, 1952 to 1976, or

(b) any order made or decree granted outside the State, providing for the adoption of a person, which is recognised by virtue of the law for the time being in force in the State,

and for the time being in force;

the Act of 1987’ means the Status of Children Act, 1987;

father’ includes a male adopter under an adoption order, but, subject to section 11 (4) of this Act, does not include the father of an infant who has not married that infant’s mother unless either—

(a) an order under section 6A (inserted by the Act of 1987) is in force in respect of that infant, or

(b) the circumstances set out in subsection (3) of this section apply;

infant’ shall be construed in accordance with section 2 of the Age of Majority Act, 1985;

maintenance’ includes education;

mother’ includes a female adopter under an adoption order;

parent’ means a father or mother as defined by this subsection;

testamentary guardian’ means a guardian appointed by deed or will;

welfare’, in relation to an infant, comprises the religious and moral, intellectual, physical and social welfare of the infant.

(2) A reference, however expressed, in this Act to an infant whose father and mother have not married each other shall, except in a case to which subsection (3) of this section relates, be construed in accordance with section 4 of the Act of 1987.

(3) (a) The circumstances referred to in paragraph (b) of the definition of ‘father’ in subsection (1) of this section are thatthe father and mother of the infant concerned have at some time gone through a ceremony of marriage and the ceremony resulted in—

(i) a voidable marriage in respect of which a decree of nullity was granted after, or at some time during the period of ten months before, the birth of the infant, or

(ii) a void marriage which the father reasonably believed (whether or not such belief was due to a mistake of law or of fact) resulted in a valid marriage—

(I) where the ceremony occurred before the birth of the infant, at some time during the period of ten months before that birth, or

(II) where the ceremony occurred after the birth of the infant, at the time of that ceremony.

(b) It shall be presumed for the purposes of paragraph (a) (ii) of this subsection, unless the contrary is shown, that the father reasonably believed that the ceremony of marriage to which that paragraph relates resulted in a valid marriage.”.