Civil Registration Act 2004

Provision of particulars, and registration, of births.

19

19.F71[(1) Subject to the provisions of this Part, when a child is born in the State, it is the duty of—

(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 or incapable through ill health of complying with this subsection, each other qualified informant, unless he or she reasonably believes that another qualified informant has complied with this subsection in relation to the birth,

not later than 3 months from the date of the birth—

(i) to attend before any registrar and there to—

(I) give to the registrar, to the best of his or her knowledge and belief, the required particulars of the birth and to furnish such evidence in his or her possession, or within his or her power to so furnish, relating to the required particulars of the birth as may be requested by the registrar, and

(II) after the registrar has entered the required particulars in relation to the birth in the register, sign the register in the presence of the registrar,

or

(ii) to provide to an tArd-Chláraitheoir, to the best of his or her knowledge and belief, the required particulars of the birth (together with such other information or documents relating to the required particulars as may be specified by an tArd-Chláraitheoir) by electronic means in such manner as an tArd-Chláraitheoir may specify.]

(1A) F72[]

F73[(1B) Subsection (1)(ii) shall only apply where the person required to provide the particulars, information or documents concerned has been issued with a public services card (within the meaning of the Act of 2005).]

(2) Where a person complies with subsection (1) in relation to a birth, the other persons referred to in that subsection are discharged from the performance in relation to that birth of the duty imposed by that subsection.

(3) Where, owing to non-compliance with subsection (1), a birth is not registered and, having made reasonable efforts to do so, F74[the Superintendent Registrar in whose registration area] the birth occurred is unable to contact either parent of the child concerned, F74[the Superintendent Registrar may] give a qualified informant a notice in writing requiring the informant—

F74[(a) to attend before a registrar in that registration area, at the office of the registrar or such other (if any) convenient place as may be specified by the Superintendent Registrar on or before a day so specified (not being less than 7 days from the date of the notice nor more than 12 months from the date of the birth),]

(b) there, to give to the registrar, to the best of his or her knowledge and belief, the required particulars of F77[the birth,]

F78[(ba) to furnish to the registrar such evidence in his or her possession or within his or her power to so furnish, relating to the required particulars of the birth as may be requested by the registrar, and]

(c) there to sign the register in the presence of the registrar,

and, unless the birth is registered before the date of the attendance aforesaid, the informant shall comply with the requirement.

F71[(4) Where paragraph (i) of subsection (1) or, as the case may be, paragraphs (a) to (c) of subsection (3), has or have been complied with in relation to a birth, the registrar concerned shall register the birth in such manner as an tArd-Chláraitheoir may direct.]

F73[(4A) Where paragraph (ii) of subsection (1) has been complied with in relation to a birth, the birth shall be registered in a manner specified by an tArd-Chláraitheoir.]

(5) Where, in relation to the birth of a child—

(a) the parents of the child are dead or incapable through ill health of complying with subsection (1), or

(b) neither the parents nor another qualified informant can be found after all reasonable efforts to do so have been made,

an tArd-Chláraitheoir may cause the birth to be registered on production to him or her of such evidence as he or she considers adequate for the purpose which, in the case referred to in paragraph (b), shall include, if the place where the birth occurred is known, evidence that the Superintendent Registrar F75[in whose registration area] the birth occurred made all reasonable efforts to find the parents or a qualified informant.

F79[(5A) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chláraitheoir of a request in that behalf, and an tArd-Chláraitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (1) or a qualified informant has not signed the register.]

(6) In this section “qualified informant”, in relation to the birth of a child, means—

(a) the parents or the surviving parent of the child,

F80[(aa) in so far as it relates to a child who makes a request under section 22(2)(d) or 23A(1), the child,]

(b) a guardian of the child,

(c) a person present at the birth,

(d) if the birth occurred in a building used as a dwelling or a part of a building so used, any person who was in the building or part at the time of the birth,

(e) if the birth occurred in a hospital or other institution or in a building or a part of a building occupied by any other organisation or enterprise the chief officer of the institution, organisation or enterprise (by whatever name called) or a person authorised by the chief officer to perform his or her functions,

(f) a person having charge of the child, or

(g) a man who duly makes a request under paragraph (c) or (d) of section 22(2).

Annotations

Amendments:

F71

Substituted (12.08.2024) by Civil Registration (Electronic Registration) Act 2024 (27/2024), s. 5(a), (d), S.I. No. 435 of 2024.

F72

Deleted (12.08.2024) by Civil Registration (Electronic Registration) Act 2024 (27/2024), s. 5(b), S.I. No. 435 of 2024.

F73

Inserted (12.08.2024) by Civil Registration (Electronic Registration) Act 2024 (27/2024), s. 5(c), (e) S.I. No. 435 of 2024.

F74

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

F75

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

F76

Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(a), S.I. No. 550 of 2020.

F77

Substituted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(b)(i), S.I. No. 550 of 2020.

F78

Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(b)(ii), S.I. No. 550 of 2020.

F79

Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(c), S.I. No. 550 of 2020.

F80

Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(d), S.I. No. 550 of 2020.

Editorial Notes:

E48

Previous affecting provision: subs. (1A) inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(a), S.I. No. 550 of 2020; deleted as per F-Note above.