Civil Registration Act 2004
F109[Failure to agree surname and subsequent registration of surname
25A.—F110[(1) Notwithstanding the duty of a person under this Part to provide the surname of the child as a required particular of the registration of the birth, the registrar shall register the birth of a child, or an tArd Chláraitheoir shall cause the birth of a child to be registered without the surname of the child, where—
(a) the registrar, or as the case may be, an tArd-Chláraitheoir, is satisfied that the parents of the child do not agree regarding a surname for the child, or
(b) the birth is registered under subsection (1E)(b)(i) of section 22.]
(2) F111[…]
(3) Where a birth has been entered on the register under subsection (1) F111[…] the following persons may apply to a registrar to register the surname of the child:
(a) where the child concerned has not attained the age of 18 years—
(i) the parents of the child, where they satisfy the registrar that they have agreed a surname for the child,
(ii) the surviving parent of the child, or
(iii) where there is no surviving parent, the guardian of the child,
or
(b) where the child concerned has attained the age of 18 years, the child.
(4) On receipt of an application referred to in subsection (3) in a form standing approved by an tArd-Chláraitheoir or a form to the like effect, and on production to the registrar of such evidence as appears to him or her to be satisfactory and on payment of the prescribed fee, the registrar shall register the surname of the child.
(5) The surname of the child entered in the register under subsection (4) shall be a surname determined in accordance with Part 1 of the First Schedule.
(6) Where the surname of the child is entered in the register under subsection (4), the existing entry in the register regarding the birth shall be retained in the register, the addition of the surname shall be deemed for all purposes to be and always to have been part of the original entry, and the surname so entered in the register may not be further changed, altered or added to.]
Annotations
Amendments:
F109
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2010), s. 9, S.I. No. 550 of 2020.
F110
Substituted (12.08.2024) by Civil Registration (Electronic Registration) Act 2024 (27/2024), s. 7(a), S.I. No. 435 of 2024.
F111
Deleted (12.08.2024) by Civil Registration (Electronic Registration) Act 2024 (27/2024), s. 7(b), (c), S.I. No. 435 of 2024.
F112
Substituted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 96(2), commenced as per s. 1(7).
Editorial Notes:
E65
The section heading is taken from the amending section in the absence of one included in the amendment.