Registration of Births

Table of Contents

CIVIL REGISTRATION ACT

PART 3

Registration of Births and Stillbirths

Section 18

“the register” (Part 3).

18.—In this Part, “the register” means, as the context requires, the register of births or the register of stillbirths and cognate words shall be construed accordingly.

Section 19

Provision of particulars, and registration, of births.

19.—(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 the surviving parent of the child, or

(b) if 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 it in relation to the birth,

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

(i) to attend before any registrar,

(ii) there, to give to the registrar, to the best of his or her knowledge and belief, the required particulars of the birth, and

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

F65[(1A) It is the duty of a person referred to in paragraph (a) or (b) of subsection (1) 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.]

(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, F63[the Superintendent Registrar in whose registration area] the birth occurred is unable to contact either parent of the child concerned, F63[the Superintendent Registrar may] give a qualified informant a notice in writing requiring the informant—

F63[(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 F66[the birth,]

F67[(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]

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

(4) Where paragraphs (i) to (iii) of subsection (1) or, as the case may be, paragraphs (a) to (c) of subsection (3) 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.

(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 F64[in whose registration area] the birth occurred made all reasonable efforts to find the parents or a qualified informant.

F68[(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,

F69[(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,

(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:

F63
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.

F64
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.

F65
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(a), S.I. No. 550 of 2020.

F66
Substituted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(b)(i), S.I. No. 550 of 2020.

F67
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(b)(ii), S.I. No. 550 of 2020.

F68
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(c), S.I. No. 550 of 2020.

F69
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(d), S.I. No. 550 of 2020.

Section 19A
F70[

Special provisions in relation to registration of birth of donor-conceived child

19A. (1) Where a child who is a donor-conceived child is born, the person referred to in paragraph (a) or (b) of section 19(1) shall comply with that section in relation to the birth, and shall also give the following to the registrar—

(a) the certificate furnished to the person under section 27(5) of the F71[Children and Family Relationships Act 2015],

(b) a statutory declaration referred to in subsection (2).

(2) A statutory declaration referred to in subsection (1)(b) shall be in the form for the time being standing approved by an tArd-Chláraitheoir, and shall state—

(a) the parent or parents of the child consented, in accordance with Part 2 of the F71[Children and Family Relationships Act 2015], to being the parents, under section 5 of that Act, of the child, and

(b) no person, other than the parent or parents referred to in paragraph (a), is the parent of the child.

(3) Where section 19(3) applies in relation to a birth referred to in subsection (1), the qualified informant concerned shall comply with that section, and shall also give the following to the registrar—

(a) the certificate referred to in subsection (1)(a), and

(b) such evidence in his or her possession or within his or her power to so furnish relating to the consent by the parent or parents, or any other person, under Part 2 of the F71[Children and Family Relationships Act 2015], to being the parents, under section 5 of that Act, of the child.

(4) Where the mother of a child referred to in subsection (1) was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, and another person would, but for this subsection fall to be registered as a parent of the child under section 19, that person shall not be so registered unless the person complies with subsection (3) and subsections (3A) to (3H) of section 22(3).

(5) Where—

(a) paragraphs (i) to (iii) of section 19(1) and subsection (1), or

(b) as the case may be, paragraphs (a) to (c) of section 19(3) and subsection (3),

have been complied with in relation to a birth to which subsection (1) applies, the registrar concerned shall register the birth in accordance with this section and in such manner as an tArd-Chláraitheoir may direct.

(6) In registering the birth of a child under this section, the registrar shall note on the register that the child is a child to whom subsection (1) applies.

(7) A note referred to in subsection (6) shall not be shown on any birth certificate issued to the child.

(8) Where—

(a) the birth of a child has been registered other than under this section, and

(b) the registrar receives information from the Minister for Health to the effect that the child is a child to whom subsection (1) applies,

the registrar shall contact the persons who complied with section 19(1) in relation to the birth of the child and such other persons as he or she considers necessary, and make the enquiries necessary to determine whether the birth of the child should be re-registered under this section.

(9) Where the registrar, having made the enquiries referred to in subsection (8), is of the opinion that the child concerned is a child to whom subsection (1) applies, he or she shall re-register the birth of the child under this section and enter in the register the name of the person who is, or persons who are, under section 5 of the F71[Children and Family Relationships Act 2015], the parent or parents of the child.

(10) Where a person whose birth was registered in accordance with this section and who has attained the age of 18 years applies for a birth certificate, the registrar shall contact that person to inform him or her that further information relating to him or her is available from the National Donor-Conceived Person Register.]

Annotations

Amendments:

F70
Inserted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 93, commenced as per s. 1(7).

F71
Substituted (6.10.2019) by Civil Registration Act 2019 (13/2019), s. 3(1), commenced as per subs. (2).

Editorial Notes:

E48
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 19B
F72[

Alleviation of requirement on certain persons to appear in person under Part 3 of Act of 2004

19B. (1) Notwithstanding any provision of this Part, a parent or a qualified informant who, within the emergency period, is required under this Part to—

(a) attend in person before a registrar,

(b) attend in person before a Superintendent Registrar, or

shall be deemed to have done so where they have provided to the registrar, Superintendent Registrar or person in question such written particulars relating to that requirement as an tArd-Chláraitheoir may specify.

(2) Before the expiration of the emergency period, the Government may, at the request of the Minister made—

(a) after consultation with any other Minister of the Government as he or she considers appropriate having regard to the functions of that Minister of the Government, and

(b) having had regard to the matters referred to in subsection (4),

by order specify a date that is later than the expiration date of the emergency period specified in the definition of ‘emergency period’ or the last order under this subsection, as the case may be, and the emergency period shall be read as extending to, and including, the date so specified.

(3) An order under subsection (2) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(4) When making an order under subsection (2), the Government shall have regard to the following:

(a) the nature and potential impact of Covid-19 on individuals, society and the State;

(b) the capacity of the State to respond to the risk to public health posed by the spread of Covid-19;

(d) the need to ensure the most beneficial, effective and efficient use of resources;

(e) the need to ensure the continuity of a well-functioning registration service;

(f) the need to ensure that persons do not have to attend in person to register a birth where it would not be safe or advisable in the interests of public health for them to do so.

(5) In this section—

“Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

“emergency period” means the period beginning on 13 March 2020 and ending on 31 May 2020.]

Annotations

Amendments:

F72
Inserted (13.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 32, commenced as per s. 1(2)(d).

Editorial Notes:

E49
Power pursuant to subs. (2) exercised (26.01.2021) by Civil Registration Act 2004 (Continuation of Sections 8A, 19B and 37A) (Covid-19) Order 2021 (S.I. No. 28 of 2021). The period specified in subs. (5) is extended to 30 September 2021.

E50
Power pursuant to subs. (2) exercised (4.09.2020) by Civil Registration Act 2004 (Continuation of Sections 8A, 19B and 37A) (Covid-19) (No. 2) Order 2020 (S.I. No. 328 of 2020). The emergency period specified in subs. (5) is extended to 31 January 2020.

E51
Power pursuant to subs. (2) exercised (29. 05.2020) by Civil Registration Act 2004 (Continuation of Sections 8A, 19B and 37A) (Covid-19) Order 2020 (S.I. No. 194 of 2020). The emergency period specified in subs. (5) is extended to 31 August 2020.

E52
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 20

Births occurring more than 12 months before registration.

20.—(1) A registrar shall not register a birth at a time more than 12 months from the date of the birth without the consent in writing of the Superintendent Registrar F73[of the registration area to which the registrar is assigned].

(2) The fact of the giving of a consent referred to in subsection (1) to a registrar shall be noted in the register.

Annotations

Amendments:

F73
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 7, S.I. No. 887 of 2004.

Section 21

Duty to notify registrar of abandoned new-born children.

21.—(1) Where a living new-born child is found abandoned, it is the duty of—

(a) the person who finds the child, and

(b) any person in whose charge the child is placed,

not later than 3 months from the date of the finding, to give to a registrar, to the best of his or her knowledge and belief, in such form and manner as may be directed by an tArd-Chláraitheoir, the required particulars of the birth and, thereupon, the registrar shall register the birth in such manner as may be so directed.

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

(3) Where the date of the birth of a child whose birth is required to be registered under this Act is not known and a registered medical practitioner certifies in writing that, in his or her opinion, the birth took place on or about a date specified in the certificate, the registrar concerned may enter that date in the register as the date of the birth of the child.

Annotations

Modifications (not altering text):

C4
Reference to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

…

Section 22

Registration of father where parents not married.

22.—(1) The father of a child who was not married to the mother of the child at the date of his or her birth or at any time during the period of 10 months before such birth shall not be required to give information under this Act about the birth.

(2) Subject to subsection (3), any registrar shall enter in the register the name of a person (“the person”) as the father of a child to whom subsection (1) applies—

(a) if the mother of the child (“the mother”) and the person jointly so request the registrar in writing and give to him or her a declaration in writing of the person that he is the father of the child, or

(b) if the mother so requests the registrar in writing and gives to him or her—

(i) a declaration in writing of the mother, in a form for the time being standing approved by an tArd-Chláraitheoir, that the person is the father of the child, and

(ii) a statutory declaration of the person, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child,

(i) a declaration in writing of the person, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is the father of the child, and

(ii) a statutory declaration of the mother, in a form standing approved for the time being by an tArd-Chláraitheoir, that the person is the father of the child,

(d) if the mother or the person so requests the registrar in writing and produces to him or her a document purporting to be a copy of an order made by a court in proceedings referred to in section 45 of the Status of Children Act 1987 and to be certified by or on behalf of the court to be a true copy of the order, finding that the person is the father of the child.

(3) Where, in a case in which the mother of a child to whom sub-section (1) applies (“the mother”) was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, a person would, but for this subsection, fall to be registered under subsection (2) pursuant to a request under paragraph (a), (b) or (c) of that subsection, as the father of the child, the person shall not be so registered unless there is produced to a registrar—

(a) a statutory declaration of the person or each person to whom the mother was married at some time during the period aforesaid, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is not the father of the child, or

(b) a statutory declaration of the mother, in a form standing approved for the time being by an tArd-Chláraitheoir, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity F74[of marriage] or a deed of separation.

(4) Where one of the persons to whom in any particular case sub-section (2)(d) applies makes a request to a registrar under that provision, the registrar shall notify the other person of the request.

(5) When a birth is being registered under this section, the register shall be signed by—

(a) the mother of the child concerned if she has made, or joined in the making of, the request concerned under subsection (2), and

(b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under subsection (2).

(6) This section applies, with any necessary modifications, to stillbirths as it applies to births.

Annotations

Amendments:

F74
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 11, S.I. No. 648 of 2010.

F75
Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(i), not commenced as of date of revision, subject to transitional provision in subs. (2).

F76
Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(ii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F77
Substituted by Civil Registration Act 2019 (13/2019), s. 4(1)(a), (c), not commenced as per subs. (2) as of date of revision.

F78
Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(e), not commenced as of date of revision, subject to transitional provision in subs. (2).

F79
Deleted by Civil Registration Act 2019 (13/2019), s. 4(1)(b), not commenced as per subs. (2) as of date of revision.

F80
Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(a), not commenced as of date of revision, subject to transitional provision in subs. (2).

F81
Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(b), not commenced as of date of revision, subject to transitional provision in subs. (2).

F82
Substituted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 96(1), commenced as per s. 1(7).

F83
Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(c)(i), not commenced as of date of revision, subject to transitional provision in subs. (2).

F84
Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(c)(ii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F85
Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(c)(iii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F86
Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(iii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F87
Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(iv), not commenced as of date of revision, subject to transitional provision in subs. (2).

F88
Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(f), not commenced as of date of revision, subject to transitional provision in subs. (2).

F89
Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(g)(i), not commenced as of date of revision, subject to transitional provision in subs. (2).

F90
Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(g)(ii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F91
Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(g)(iii), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C5
Prospective affecting provision: subs. (3)(c) substituted, subss. (3A), (3B) deleted and subs. (3C) amended by Civil Registration Act 2019 (13/2019), s. 4(1), not commenced as per subs. (2) and as of date of revision.

(3) Where, in a case in which the mother F75[…] was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, a person would, but for this subsection, F76[fall to be registered under subsection (1C) or pursuant to a request under paragraph (a), (b) or (c) of subsection (2)], as the father of the child, the person shall not be so registered unless there is produced to a registrar—

…

F77[(c) a statutory declaration of the mother, that she has been living apart from the person who is, or any person who formerly was, her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall exhibit information, particulars and evidence relied on by the mother to establish the date that she has been living apart from the person who is or was her husband during the period of 10 months ending immediately before the birth of the child.]

F78[(3A) F79[…]

(3B) F79[…]

(3C) F77[Where a statutory declaration under subsection (3)(c) is produced, the registrar, having considered the declaration shall]—

…]

C6
Prospective affecting provision: section amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 6, not commenced as of date of revision.

22.—(1) F80[…]

F81[(1A) Subject to subsection (1E)(a), the duty of a person referred to in section 19(1)(a) to comply with this Part applies notwithstanding that the father and mother of the child whose birth falls to be registered were not married to each other at the date of the child’s birth or at any time during the period of 10 months before such birth.

(1B) Where the mother of the child to whom subsection (1A) applies (in this section referred to as ‘the mother’)—

(a) attends under section 19(1) without the person (in this subsection and subsections (1C) to (1K) referred to as ‘the person’) whom she identifies to the registrar as the father of the child,

(b) gives, unless subsection (1D) applies, to the registrar the required particulars of the birth, and

the registrar shall—

(i) register the birth of the child with required particulars, other than the surname of the child and those relating to the father of the child, and

(ii) make all reasonable efforts to give notice in writing to the person requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is the father of the child.

(1C) A person given notice under subsection (1B)(ii) who agrees that he is the father of the child shall furnish to the registrar a statutory declaration, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child, and his required particulars and the required particulars relating to the surname of the child, and the registrar, subject to section 25A, shall complete the registration of the birth of the child with those required particulars and the person shall sign the register in the presence of the registrar and in that case the signature provided by the mother under subsection (1B)(c) shall be retained on the register.

(1D) A mother may furnish to a registrar a statutory declaration made by her and relied on by her to satisfy the registrar that one or more than one of the following compelling reasons exists so as to exempt her from her duty to furnish to the registrar required particulars in so far as they relate to the father of the child:

(a) she does not know the identity of the father of the child;

(b) she does not know the whereabouts of the father of the child;

(c) she believes that providing the information is not in the best interests of the safety of the child and in that case the statutory declaration shall contain and, as necessary, exhibit information, particulars and evidence relating to that belief.

(1E) The registrar, having considered the statutory declaration furnished under subsection (1D) shall—

(a) if satisfied that a compelling reason exists, register the birth of the child with required particulars, other than those relating to the father of the child, or

(b) if not satisfied that a compelling reason exists—

(i) register the birth of the child with required particulars, other than the surname of the child and those relating to the father of the child, and

(ii) notify the mother of the child in writing that he or she is not satisfied that a compelling reason exists, giving reasons for the decision and requesting the mother to furnish required particulars in so far as they relate to the father of the child, and stating that she may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

(1F) The mother may appeal against the decision of the registrar under subsection (1E)(b) in writing, in a form standing approved by an tArd- Chláraitheoir or in a form to the like effect stating the reasons for the appeal, to a Superintendent Registrar in whose registration area the application to register the birth was made, not later than 28 days from the day on which the notice under subsection (1E)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal in accordance with subsection (1G).

(1G) In considering an appeal referred to him or her under subsection (1F) the Superintendent Registrar shall consider—

(a) all information furnished by the mother under subsection (1D)(c),

(b) the reasons furnished by the registrar under subsection (1E)(b),

(d) any additional information furnished in response to a request by the Superintendent Registrar for further information.

(1H) Having considered the matters referred to in paragraphs (a) to (d) of subsection (1G) the Superintendent Registrar shall decide to either—

(a) annul the decision of the registrar under subsection (1E)(b) and direct the registrar to register the birth of the child under subsection (1E)(a), or

(b) confirm the decision of the registrar under subsection (1E)(b).

(1I) A mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (1H)(b).

(1J) The jurisdiction conferred on the Circuit Court by subsection (1I) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.

(1K) The registrar, if satisfied having made all reasonable efforts under subsection F82[(1B)(ii)] that no contact can be made with the person, shall complete the registration of the birth of the child with the required particulars other than those relating to the father.]

(2) Subject to subsection (3), any registrar shall enter in the register the name of a person F83[(in this subsection referred to as ‘the person’)] as the father of a child to whom subsection (1) applies—

(a) if the mother F84[…] and the person jointly so request the registrar in writing and give to him or her a declaration in writing of the person that he is the father of the child, or

…

F85[(d) if the mother, person, or the child to whom the registration relates, if he or she has attained the age of 18 years and so requests the registrar in writing and produces to him or her a document purporting to be a declaration made under section 35 of the Status of Children Act 1987 or an order made by a court in proceedings referred to in section 45 of that Act and to be certified by or on behalf of the court to be a true copy of the declaration or order that the person is the father of the child.]

…

F86[(b) a statutory declaration of the mother in a form standing approved for the time being by an tArd-Chláraitheoir, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity of marriage or a deed of separation, or]

F87[(c) subject to subsections (3A) to (3G) a statutory declaration of the mother, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall contain the name and last known contact details of the person who is her husband (‘the husband’), and as necessary exhibit information, particulars and evidence relied on by the mother to satisfy the registrar that she has been living apart from the husband during the period of 10 months ending immediately before the birth of the child.]

F78[(3A) The registrar, where a statutory declaration under subsection (3)(c) is produced, shall make all reasonable efforts to give notice in writing to the husband or former husband requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is not the father of the child.

(3B) The husband or former husband given notice under subsection (3A) who agrees that he is not the father of the child shall complete a statutory declaration under subsection (3)(a).

(3C) The registrar, if satisfied having made all reasonable efforts under subsection (3A) that no contact can be made with the husband, and, having considered the statutory declaration of the mother under subsection (3)(c) —

(a) if satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall register the person as the father of the child under subsection (1C), or paragraph (a), (b) or (c) of subsection (2), or

(b) if not satisfied that the mother has been living apart from the husband or former husband during the period of 10 months ending immediately before the birth of the child shall notify the mother in writing that—

(i) he or she is not so satisfied, giving reasons for the decision,

(ii) he or she is obliged to register the birth of the child with required particulars of the husband or former husband in so far as they relate to the father of the child, and

(iii) the mother may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

(3D) The mother may appeal against the decision of the registrar under subsection (3C)(b) in writing, in a form standing approved by an tArd- Chláraitheoir or in a form to the like effect stating the reasons for the appeal, to a Superintendent Registrar in whose registration area the application to register the birth was made, not later than 28 days from the day on which the notice under subsection (3C)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal.

(3E) In considering an appeal referred to him or her under subsection (3D) the Superintendent Registrar shall consider—

(a) all information furnished by the mother under subsection (3)(c),

(b) the reasons furnished by the registrar under subsection (3C)(b),

(d) any additional information furnished in response to a request by the Superintendent Registrar for further information.

(3F) Having considered the matters referred to in paragraphs (a) to (d) of subsection (3E), the Superintendent Registrar shall decide to either—

(a) annul the decision of the registrar under subsection (3C)(b) and direct the registrar to register the birth of the child under subsection (3C)(a), or

(b) confirm the decision of the registrar under subsection (3C)(b).

(3G) The mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (3F)(b).

(3H) The jurisdiction conferred on the Circuit Court by subsection (3G) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.]

(4) Where one of the persons to whom in any particular case sub-section (2)(d) applies makes a request to a registrar under that provision, the registrar F88[shall so notify the other persons referred to in that provision as capable of making a request] of the request.

(5) When a birth is being registered under this section, the register shall be signed by—

(a) the mother of the child concerned if she has made, or joined in the making of, the request concerned under subsection (2), F89[…]

(b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under F90[subsection (2), and]

F91[(c) the child to whom the registration relates who has attained the age of 18 years if he or she has made or joined in the making of the request concerned under subsection (2).]

…

Editorial Notes:

E53
Previous affecting provision: subs. (3)(c) inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(iv), not commenced as of date of revision, subject to transitional provision in subs. (2); substituted by Civil Registration Act 2019 (13/2019), s. 4(1)(a), not commenced as per subs. (2) and as of date of revision.

E54
Previous affecting provision: subss. (3A), (3B) inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(e), not commenced as of date of revision, subject to transitional provision in subs. (2); deleted as per F-note above.

Section 23

Re-registration of birth to include name of father.

F94[23. (1) This section applies where the birth of a child whose parents were not married to each other at the date of the birth or at any time during the period of 10 months ending immediately before that date has been registered under this Act or the repealed enactments and—

(a) no person has been registered as the child’s father, or

(b) the mother of the child was married at the date of the birth of the child or at some time during the period of 10 months before such date and her husband or former husband is registered as the child’s father.

(1A) Subject to subsection (2), a registrar shall re-register the birth of a child to whom subsection (1) applies in such manner as an tArd- Chláraitheoir may direct and shall enter in the register the name of a person (in this section referred to as the “person”) as the father of the child—

(a) if the mother of the child and the person jointly so request the registrar in writing and give to him or her a statutory declaration, in a form for the time being standing approved by an tArd-Chláraitheoir, of the person, that he is the father of the child, or

(b) if the mother so requests the registrar in writing and gives to him or her—

(i) a statutory declaration of the mother, in a form for the time being standing approved by an tArd-Chláraitheoir, that the person is the father of the child, and

(ii) a statutory declaration of the person, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child,

(i) a statutory declaration of the person, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child, and

(ii) a statutory declaration of the mother, in a form for the time being standing approved by an tArd-Chláraitheoir, that the person is the father of the child.

(2) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

(3) Where, in a case in which the mother of a child to whom subsection (1) applies was married at the date of the birth of the child or at some time during the period of 10 months before such date and, but for this subsection, the birth would fall to be re-registered pursuant to a request under paragraph (a), (b) or (c) of subsection (1A), and a person would fall to be registered under subsection (1A) as the father of the child, the birth shall not be so re-registered and the person shall not be so registered unless there is produced to the registrar concerned—

(a) a statutory declaration of the person to whom the mother was married at that date and of the person or each person to whom she was married at some time during the period aforesaid, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is not the father of the child,

(b) a statutory declaration of the mother in a form standing approved for the time being by an tArd-Chláraitheoir, that she has been living apart from the person who is, or the person or each person who was formerly, her husband (in this section referred to as the “husband”) during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity of marriage or a deed of separation, or

(c) subject to subsections (3A) to (3G) a statutory declaration of the mother, that she has been living apart from her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall contain the name and last known contact details of the person who is her husband, and as necessary exhibit information, particulars and evidence relied on by the mother to satisfy the registrar that she has been living apart from the husband during the period of 10 months ending immediately before the birth of the child.

(3A) The registrar, where a statutory declaration under subsection (3)(c) is produced, shall make all reasonable efforts to give notice in writing to the husband requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is not the father of the child.

(3B) The husband, given notice under subsection (3A) who agrees that he is not the father of the child, shall complete a statutory declaration under subsection (3) (a).

(3C) The registrar, if satisfied having made all reasonable efforts under subsection (3A) that no contact can be made with the husband or former husband, and, having considered the statutory declaration of the mother under subsection (3)(c) —

(a) if satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall enter in the register the name of the person as the child’s father, or

(b) if not satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall notify the mother in writing that—

(i) he or she is not so satisfied, giving reasons for the decision,

(ii) he or she is obliged to register the birth of the child with required particulars of the husband in so far as they relate to the father of the child, and

(iii) the mother may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

(3E) In considering an appeal referred to him or her under subsection (3D) the Superintendent Registrar shall consider all information furnished by the mother under subsection (3)(c), the reasons furnished by the registrar under subsection (3C)(b), the notice of appeal under subsection (3D) and any additional information furnished in response to a request by the Superintendent Registrar for further information and shall decide to either—

(a) annul the decision of the registrar under subsection (3C)(b) and direct the registrar to enter in the register the name of the person as the child’s father, or

(b) confirm the decision of the registrar under subsection (3C)(b).

(3F) The mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (3E)(b).

(3G) The jurisdiction conferred on the Circuit Court by subsection (3F) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.

(4) Where a birth is re-registered under this section, the surname of the child entered in the register shall be—

(a) that which was previously registered, or

(b) a surname determined in accordance with Part 1 or, as may be appropriate, Part 2 of the First Schedule.

(5) A birth which has been re-registered under this section may not be further re-registered save under section 23A or 24.

(6) When a birth is being re-registered under this section, the register shall be signed by—

(a) the mother of the child concerned, if she has made, or joined in the making of, the request concerned under subsection (1), and

(b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under subsection (1).

(6A) 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 re-registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (6) has not signed the register.

(7) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.

(8) This section applies, with any necessary modifications, to stillbirths as it applies to births.]

Annotations

Amendments:

F92
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 8, S.I. No. 887 of 2004.

F93
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 12, S.I. No. 648 of 2010.

F94
Substituted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 7(1), S.I. No. 550 of 2020, subject to transitional provision in subs. (2).

Modifications (not altering text):

C7
Application of section restricted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 94, commenced as per s. 1(7).

Sections 23 and 23A of Act of 2004 not to apply to donor-conceived child

94. Sections 23 and 23A of the Act of 2004 shall not apply to a donor-conceived child (within the meaning of Part 2).

Editorial Notes:

E55
Previous affecting provision: subs. (3)(b) amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 12, S.I. No. 648 of 2010; section substituted as per F-note above.

E56
Previous affecting provision: subs. (2) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 8, S.I. No. 887 of 2004; section substituted as per F-note above.

Section 23A
F95[

Re-registration on foot of court order

23A. (1) Where the birth of a child whose parents were not married to each other at the date of the birth or at any time during the period of 10 months ending immediately before that date has been registered, whether or not anybody has been registered as the child’s father, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (‘the person’) as the father of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the Circuit Court under section 35 of the Status of Children Act 1987 or an order made by a court in proceedings referred to in section 45 of that Act, and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the father of the child.

(2) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

(3) Where a birth is re-registered under this section, the surname of the child entered in the register shall be—

(a) that which was previously registered, or

(b) a surname determined in accordance with Part 1 of the First Schedule.

(4) Where one of the persons to whom subsection (1) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request and anybody registered as the child’s father as the case may be.

(5) When a birth is being re-registered under this section, the register shall be signed by—

(a) the mother of the child concerned, if she has made, or joined in the making of, the request under subsection (1),

(b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request under subsection (1), and

(c) the child to whom the registration relates, if he or she has attained the age of 18 years where he or she has made, or joined in the making of the request concerned under subsection (1).

(6) 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 re-registered notwithstanding that a person referred to in paragraph (a), (b) or (c) of subsection (5) has not signed the register.

(7) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.]

Annotations

Amendments:

F95
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2010), s. 8, S.I. No. 550 of 2020.

Modifications (not altering text):

C8
Application of section restricted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 94, commenced as per s. 1(7).

Sections 23 and 23A of Act of 2004 not to apply to donor-conceived child

94. Sections 23 and 23A of the Act of 2004 shall not apply to a donor-conceived child (within the meaning of Part 2).

Editorial Notes:

E57
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 23B
F96[

Re-registration of birth of donor-conceived child on foot of court order

23B. (1) Where the birth of a child has been registered under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (“the person”) as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the District Court under section 21 of the F97[Children and Family Relationships Act 2015], or by the Circuit Court under section 22 of the F97[Children and Family Relationships Act 2015], and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

(2) Where the birth of a donor-conceived child has been registered, whether or not anybody other than the child’s mother has been registered as a parent of the child, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (‘the person’) as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the Circuit Court under section 35 of the Status of Children Act 1987, and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

(3) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

(4) Where a birth is re-registered under this section, the surname of the child entered in the register shall be—

(a) that which was previously registered, or

(b) a surname determined in accordance with Part 1 of the First Schedule.

(5) Where one of the persons to whom subsection (1) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request.

(6) Where one of the persons to whom subsection (2) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request and anybody registered as a parent, other than the mother, of the child, as the case may be.

(7) When a birth is being re-registered under this section, the register shall be signed by—

(a) the mother of the child, if she has made, or joined in the making of, the request under subsection (1) or (2),

(b) the person declared by the court referred to in subsection (1) or (2) to be the parent of the child, if he or she has made, or joined in the making of, the request under that subsection, and

(c) the child to whom the registration relates, if he or she has reached the age of 18 where he or she has made, or joined in the making of the request concerned under subsection (1) or (2).

(8) 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 re-registered notwithstanding that a person referred to in paragraph (a), (b) or (c) of subsection (7) has not signed the register.

(9) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.

(10) Where the person declared by the court referred to in subsection (1) or (2) to be the parent of the child is a male, he may be registered as the father of the child.]

Annotations

Amendments:

F96
Inserted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 95, commenced as per s. 1(7).

F97
Substituted (6.10.2019) by Civil Registration Act 2019 (13/2019), s. 5(1), commenced as per subs. (2).

Editorial Notes:

E58
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 24

Re-registration of births of legitimated persons.

24.—(1) Any registrar shall, on application in writing to him or her in that behalf, on production to him or her of such evidence as appears to him or her to be satisfactory and on payment to that registrar of the prescribed fee, re-register the birth of a legitimated person (within the meaning of the Legitimacy Act 1931) whose birth is already registered under this Act or the repealed enactments.

(2) A registrar shall not re-register the birth of a person referred to in subsection (1) if information sufficient for the purpose of the re-registration is not furnished to him or her by both of the parents, or, if one of the parents is dead, by the surviving parent, of the person unless a declaration of the legitimacy of the person has been made under the Legitimacy Declaration Act (Ireland) 1868.

(3) A registrar shall not re-register a birth under this section without the consent of the Superintendent Registrar F98[of the registration area to which the registrar is assigned].

(4) It is the duty of the parents of a legitimated person or, if one of the parents is dead and the re-registration of the birth concerned can be effected on information furnished by the surviving parent, within 3 months of the date of the marriage of the parents, to furnish to the registrar concerned the necessary information with a view to obtaining the re-registration of the birth of that person.

(5) Where the parents of a person whom the registrar concerned believes to have been legitimated under the Legitimacy Declaration Act (Ireland) 1868 fail or either of them fails to comply with subsection (4), the registrar may, by notice in writing served on them, or either of them, require them or, if the notice is served on one only of them, that parent to give to him or her such information concerning the matter as he or she may consider necessary for the purpose of the re-registration of the birth of the person verified in such manner as he or she may direct and for that purpose to attend before the registrar at the office of the registrar or at any other place appointed by the registrar within such time, not being less than 14 days after the receipt of the notice, as may be specified in the notice and a person on whom a notice under this subsection is served shall comply with the requirement it contains.

(6) The failure of the parents of a legitimated person, or of either of them, to furnish information in accordance with this section in respect of the person shall not affect his or her legitimisation.

(7) Where a birth is re-registered under this section, the surname of the child entered in the register shall be—

(a) that which was previously registered, or

(b) a surname determined in accordance with Part 1 of the First Schedule.

(8) A birth which has been re-registered under this section may not be further re-registered but the then existing entry relating to the birth shall be retained in the register.

Annotations

Amendments:

F98
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 9, S.I. No. 887 of 2004.

Section 25

Registration, or alteration, of forename of child.

25.—(1) Any registrar shall, on application to him or her in writing, in a form standing approved by an tArd-Chláraitheoir or a form to the like effect, by the parents, the surviving parent or the guardian of a child whose birth has been registered, on production to that registrar of such evidence as appears to him or her to be satisfactory and on payment to that registrar of the prescribed fee—

(a) if the forename of the child has been registered, change or alter the forename in the entry in the register or add a forename or forenames to the entry, or

(b) if the forename of the child has not been registered, register the forename of the child.

(2) Where a forename is changed, altered or registered or one or more forenames are added under subsection (1), the then existing entry concerned shall be retained in the register, the change, alteration, registration or addition shall be deemed for all purposes to be and always to have been part of the original entry and the forename or forenames in the register may not be further changed, altered or added to.

Annotations

Editorial Notes:

E59
Power pursuant to section exercised (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), in effect as per reg. 2.

E60
Previous affecting provision: power pursuant to section exercised (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), in effect as per reg. 2; revoked (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), reg. 11, in effect as per reg. 2.

E61
Previous affecting provision: power pursuant to section exercised (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), in effect as per reg. 2; revoked (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), reg. 9, in effect as per reg. 2.

E62
Previous affecting provision: power pursuant to section exercised (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), in effect as per reg. 2; revoked (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), reg. 9, in effect as per reg. 2.

E63
Previous affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.

Section 25A
F99[

Failure to agree surname and subsequent registration of surname

25A. (1) A registrar shall register the birth of a child without the surname of the child as part of the required particulars where the registrar is satisfied that the parents of the child do not agree regarding a surname for the child.

(2) The duty imposed on a person under this Part to give to the registrar required particulars of the birth, in so far as those particulars refer to a surname for the child shall not apply where the registrar registers the birth under subsection (1), or under subsection (1E)(a) or F100[(1K)] of section 22.

(3) Where a birth has been entered on the register under subsection (1) or under subsection (1E)(a) or F100[(1K)] of section 22 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,

(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:

F99
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2010), s. 9, S.I. No. 550 of 2020.

F100
Substituted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 96(2), commenced as per s. 1(7).

Editorial Notes:

E64
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 26

Registration of births outside State of children of Irish citizens domiciled in State.

26.—(1) An tArd-Chláraitheoir may, on production to him or her of such evidence as appears to him or her to be satisfactory, cause the birth outside the State (other than a birth to which section 27 applies) of the child of an Irish citizen domiciled in the State to be registered in the register if—

(a) there was not at the time of the birth a system of registration of births in the place where the birth occurred or such a system that applied to such a child, or

(b) it is not possible to obtain copies of or extracts from civil records of the birth.

(2) Subsection (1) applies to the stillbirth of a child as it applies to the birth of a child and, accordingly, references in that subsection to birth and births shall be construed as including references to stillbirth and stillbirths, respectively.

Section 27

Recording and registration of certain other births occuring outside State.

27.—(1) Regulations shall require such persons as may be specified to keep specified records of—

(a) the birth of a child, whether before or after the commencement of this section, on board an Irish aircraft or an Irish ship,

(b) the birth of a child of an Irish citizen on board a foreign ship or a foreign aircraft travelling to or from a port, or an airport, as the case may be, in the State, and

(c) the birth of a child of a member of the Garda Síochána or the Permanent Defence Force outside the State while the member is serving outside the State as such member.

(2) Regulations shall provide for the transmission of copies of records referred to in subsection (1), certified by specified persons to be true copies, to an tArd-Chláraitheoir, and for the making of specified returns in relation to such records to specified persons.

(3) An tArd-Chláraitheoir shall cause to be entered in the register the required particulars relating to births referred to in subsection (1).

(4) Regulations shall provide for the correction of errors in records kept under subsection (1) and for the transmission of copies, certified by specified persons to be true copies, of records corrected under this subsection to an tArd-Chláraitheoir.

(5) On receipt of a corrected record under subsection (4), an tArd-Chláraitheoir shall cause a correct entry that takes account of the corrected record to be entered in the register and the then existing entry relating to the birth concerned shall be retained in the register.

(6) Subsections (1) to (5) apply to the stillbirth of a child as they apply to the birth of a child and, accordingly, references in those subsections to birth or births shall be construed as including references to stillbirth or stillbirths, respectively.

(7) In this section—

“foreign aircraft” means an aircraft which is not an Irish aircraft;

“foreign ship” means a ship which is not an Irish ship;

“Irish aircraft” means an aircraft registered in the State;

“Irish ship” has the meaning assigned to it by the Mercantile Marine Act 1955.

Annotations

Amendments:

F101
Substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4 item 1, not commenced as of date of revision.

Modifications (not altering text):

C9
Prospective affecting provision: subs. (7) amended by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4 item 1, not commenced as of date of revision.

(7) In this section— …

F101[‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014.]

Section 27A
F102[

Registrar may take and receive statutory declaration under Guardianship of Infants Act 1964

27A. For the purposes of section 1(1)(d) of the Statutory Declarations Act 1938, a registrar may, during the period of 14 days immediately following the date on which the birth of a child is registered or re-registered, take and receive a statutory declaration made under section 2(4)(e) or 6B(4)(c) of the Guardianship of Infants Act 1964 in respect of the child.]

Annotations

Amendments:

F102
Inserted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 97, 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.

Section 28

Registration of stillbirths.

28.—(1) Subject to the provisions of this Part, when a child is stillborn—

(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, a relative of either parent,

may F103[…]—

(i) attend before any registrar,

(ii) give to the registrar, to the best of his or her knowledge and belief, the required particulars of the stillbirth and, if it has been obtained, the certificate referred to in subsection (3),

(iii) after the registrar has entered the required particulars in relation to the stillbirth in the register, sign the register in the presence of the registrar.

(2) Where a person referred to in subsection (1) has taken the steps specified in paragraphs (i) to (iii) of that subsection in relation to a stillbirth, the registrar concerned shall register the stillbirth in the register in such manner as an tArd-Chláraitheoir may direct.

(3) Where a registered medical practitioner has attended the stillbirth of a child, or examined a stillborn child, he or she shall, if so requested by a person referred to in subsection (1), give to him or her a certificate signed by the practitioner stating—

(a) that he or she attended the stillbirth or, as the case may be, examined the child,

(b) the estimated weight and gestational age of the child, and

(c) if the stillbirth occurred in a hospital or other institution or the mother of the child was treated in a hospital or other institution, the name and address of the institution.

(4) Where a stillbirth is not registered during the period of 12 months from the date of the stillbirth, F104[Superintendent Registrar in whose registration area] the stillbirth occurred may—

(a) in case the stillbirth took place, or the mother of the child was treated, in a hospital or other institution, request the institution, and

(b) in case the stillbirth did not take place in a hospital or other institution, but a registered medical practitioner attended the stillbirth or treated the child or a midwife attended the stillbirth, request the practitioner or midwife,

to give to any registrar F104[in that registration area] the required particulars of the stillbirth, and the institution or person, as the case may be, shall comply with the request.

(5) Where the required particulars in relation to a stillbirth are given to a registrar pursuant to subsection (1) or (4) and if one has been obtained, the certificate referred to in subsection (3), is given to the registrar pursuant to subsection (1), the registrar shall register the birth in such manner as an tArd-Chláraitheoir may direct.

(6) Where a certificate referred to in subsection (3) is given to a person referred to in that subsection, a duplicate of the certificate may be used for the purpose of the registration of the stillbirth concerned.

(7) If, in the course of his duties, a coroner ascertains that a body is that of a stillborn child, he or she shall notify a registrar in the F104[registration area] in which the body is located of the stillbirth and shall give to the registrar, in as far as he or she can ascertain them, the required particulars in relation to the stillbirth, and the registrar shall register the stillbirth in such manner as an tArd-Chláraitheoir may direct.

Annotations

Amendments:

F103
Deleted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 10, S.I. No. 357 of 2015.

F104
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 10, S.I. No. 887 of 2004.

Modifications (not altering text):

C10
References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

…

Section 29

Registration of stillbirths that occurred before 31 December 1994.

29.—Where, in the case of a stillbirth that occurred before 31 December 1994, a parent of the stillborn child or a relative of either parent of the child who has knowledge of the stillbirth gives to any registrar the required particulars in relation to the stillbirth and evidence establishing to the satisfaction of the Superintendent Registrar of the F105[registration area] concerned the occurrence of the stillbirth—

(a) the registrar shall enter the particulars in the register,

(b) the parent or relative shall then sign the register in the presence of the registrar, and

Annotations

Amendments:

F105
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 11, S.I. No. 887 of 2004.

Section 30

Duty to notify Ard-Chláraitheoir of births and stillbirths.

30.—(1) It shall be the duty of the chief officer (by whatever name called) of a hospital or other institution in which a child is born or stillborn, or a person authorised by the chief officer to perform his or her functions, to give to the F106[Superintendent Registrar in whose registration area] the hospital is situated, as soon as is practicable after the birth or stillbirth and in such manner as an tArd-Chláraitheoir may direct, the required particulars relating to the birth or, as the case may be, the stillbirth.

(2) Where a child is born or stillborn other than in a hospital or other institution—

(a) in case a registered medical practitioner is present at the birth or stillbirth or examines the child, it shall be the duty of the practitioner, and

(b) in case a registered medical practitioner is not present, but a midwife is, it shall be the duty of the midwife,

to notify the F106[Superintendent Registrar in whose registration area] the birth or stillbirth occurs of the birth or stillbirth as soon as is practicable after the birth or stillbirth and to do so in the manner directed by an tArd-Chláraitheoir.

Annotations

Amendments:

F106
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 12, S.I. No. 887 of 2004.

Modifications (not altering text):

C11
Reference to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

…

F107[PART 3A

Register of Gender Recognition

]

Annotations

Amendments:

F107
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

Section 30A
F108[

Definitions (Part 3A)

30A. In this Part—

“Adopted Children Register” means the Adopted Children Register maintained under section 84 of the Adoption Act 2010;

“register” means the register of gender recognition.]

Annotations

Amendments:

F108
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

Section 30B
F109[

Entry in Register

30B. (1) A person referred to in sub paragraph (i) or (ii) of section 9(1)(a) of the Act of 2015 to whom a gender recognition certificate is issued by the Minister may contact an tArd-Chláraitheoir and request that the required particulars relating to the recognition of the gender of the person are entered in the register.

(2) Where an tArd-Chláraitheoir is satisfied to make an entry in the register it shall contain—

(a) if the requesting person is a person to whom sub paragraph (i) of section 9(1)(a) of the Act of 2015 applies, such of the required particulars specified in Part 2A of the First Schedule as correspond to the required particulars that are entered in the register of births relating to that person, or

(b) if the requesting person is a person to whom subparagraph (ii) of section 9(1)(a) of the Act of 2015 applies, such of the required particulars specified in Part 2B of the First Schedule as correspond to the particulars that are entered in the Adopted Children Register relating to that person.

(3) Evidence of an entry in the register and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd-Chláraitheoir or a person authorised in that behalf by an tArd-Chláraitheoir.]

Annotations

Amendments:

F109
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

Section 30C
F110[

Index to register and privacy

30C. (1) An tArd-Chláraitheoir shall maintain an index to the register.

(2) Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person referred to in subsection (3) to him or her in that behalf in writing and on payment to him or her of the prescribed fee—

(a) search the register and the index to that register, or

(b) give the person—

(i) a copy certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry in the register specified by the person.

(3) The following persons may make an application to an tArd-Chláraitheoir under subsection (2):

(a) the person to whom the entry on the register relates;

(b) a person who is, in relation to the person referred to in paragraph (a) —

(i) the surviving spouse or civil partner,

(ii) if no surviving spouse or civil partner, the child,

(iii) if no surviving spouse or civil partner or child, a parent, or

(iv) if no surviving spouse or civil partner, child or parent, a surviving brother or sister.

(4) A copy of an entry or an extract thereof referred to in subsection (2)(b) shall omit any reference to or particulars of a personal public service number and “true copy” in those provisions shall be construed accordingly.

(5) The Minister, by regulations under this Act, may specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii).]

Annotations

Amendments:

F110
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

Editorial Notes:

E66
Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Abridged Certificate) Regulations 2015 (S.I. No. 378 of 2015), in effect as per reg. 2.

E67
Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Fees) Regulations 2015 (S.I. No. 377 of 2015), in effect as per reg. 2.

Section 30D
F111[

Separate index of connections between register of gender recognition and register of births

30D. (1) An tArd-Chláraitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births or the Adopted Children Register.

(2) The index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.

(3) A certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora shall be received, without further proof, as evidence of the facts stated therein and any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy.

(4) A court shall not make an order referred to in subsection (2), where the person to whom the information relates is a child of less than 18 years of age, unless satisfied that it is in the best interest of the child.]

Annotations

Amendments:

F111
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

Section 30E
F112[

Cancellation or amendment of entry in register

30E. (1) An tArd-Chláraitheoir, as soon as practicable following receipt of a notice under section 14(9)(a) or 15(11)(a) of the Act of 2015, shall cancel the appropriate entry in the register, the index referred to in section 30C(1) and the index referred to in section 30D.

(2) An tArd-Chláraitheoir, as soon as practicable following receipt of a notice under section 16(8)(a) of the Act of 2015, shall correct the appropriate entry in the register and the original entry shall be retained in the register.

(3) An tArd-Chláraitheoir—

(a) following a re-registration or correction under section 23, 23A, 24, 25, 25A, 63, 64 or 65 of an entry in the register of births, or

(b) an amendment under subsection (5), (7) or (9) of section 84 of the Act of 2010 of an entry in the Adopted Children Register,

which corresponds to an entry in the register, shall amend the appropriate entry in the register accordingly.]

Annotations

Amendments:

F112
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

Annotations

Amendments:

F120
Inserted (3.10.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 57, S.I. No. 496 of 2022.

PART 4

Registration of Adoptions

Section 31
Definitions (Part 4).

31.—F121[…]

Annotations

Amendments:

F121
Repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7(1) and sch. 1 part 1, S.I. No. 511 of 2010.

Section 32
Registration of adoptions.

32.—F122[…]

Annotations

Amendments:

F122
Repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7(1) and sch. 1 part 1, S.I. No. 511 of 2010.

Section 33
Registration of foreign adoptions.

33.—F123[…]

Annotations

Amendments:

F123
Repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7(1) and sch. 1 part 1, S.I. No. 511 of 2010.

Section 34
Directions of High Court in relation to entries in register in respect of foreign adoptions.

34.—F124[…]

Annotations

Amendments:

F124
Repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7(1) and sch. 1 part 1, S.I. No. 511 of 2010.

Section 35
Privacy of adoption records.

35.—F125[…]

Annotations

Amendments:

F125
Repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7(1) and sch. 1 part 1, S.I. No. 511 of 2010.

Sch. 1, Part 1
PART 1

Particulars to be Entered in Register of Births

Date and place of birth.

Time of birth.

Sex of child.

Forename(s) and surname* of child.

Personal public service number of child.

Forename(s), surname, birth surname, address and occupation of mother.

Former surname(s) (if any) of mother.

Date of birth of mother.

F278[Civil status] of mother.

Personal public service number of mother.

Birth surname of mother’s mother.

Forename(s), surname, birth surname, address and occupation of father.

Former surname(s) (if any) of father.

Date of birth of father.

F278[Civil status] of father.

Personal public service number of father.

Birth surname of father’s mother.

F279[F280[Forename(s), surname, birth surname, address and occupation of parent.

Former surname(s) (if any) of parent.]

Date of birth of parent.

Civil status of parent.

Personal public service number of parent.

Birth surname of parent’s mother.]

Forename(s), surname, qualification, address and signature of informant.

Date of registration.

Signature of registrar.

Annotations

Amendments:

F278
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 25(a), S.I. 648 of 2010.

F279
Inserted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 99(a), commenced as per s. 1(7).

F280
Substituted (6.10.2019) by Civil Registration Act 2019 (13/2019), s. 10(1)(a), commenced as per subs. (2).

* The surname of the child to be entered shall, subject to any linguistic modifications be—

(a) that of the parents of the child as stated in the register of births or of either of them, as may be determined by the person who, pursuant to section 19, gives the required particulars of the birth concerned to the registrar, or

(b) such other name as may be requested by both of the parents or by one of them if the other parent is dead or, after reasonable efforts to do so have been made, cannot be contacted (if an tArd-Chláraitheoir or an officer of an tArd-Chláraitheoir duly authorised by him or her in that behalf or a Superintendent Registrar is satisfied that the circumstances warrant it and he or she agrees to the request).

Sch. 1, Part 2
PART 2

Particulars to be Entered in Register of Stillbirths

Section 28.

Date and place of birth.

Time of birth.

Sex of child.

Weight of child.

Gestational age of child.

Forename(s) and surname* of child.

F281[…]

Forename(s), surname, birth surname, address and occupation of mother.

Former surname(s) (if any) of mother.

Date of birth of mother.

F282[Civil status] of mother.

Personal public service number of mother.

Birth surname of mother’s mother.

Forename(s), surname, birth surname, address and occupation of father.

Former surname(s) (if any) of father.

Date of birth of father.

F282[Civil status] of father.

Personal public service number of father.

Birth surname of father’s mother.

F283[F284[Forename(s), surname, birth surname, address and occupation of parent.

Former surname(s) (if any) of parent.]

Date of birth of parent.

Civil status of parent.

Personal public service number of parent.

Birth surname of parent’s mother.]

Forename(s), surname, qualification, address and signature of informant.

Date of registration.

Signature of registrar.

Annotations

Amendments:

F281
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 30, S.I. No. 887 of 2004.

F282
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 25(a), S.I. 648 of 2010.

F283
Inserted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 99(b), commenced as per s. 1(7).

F284
Substituted (6.10.2019) by Civil Registration Act 2019 (13/2019), s. 10(1)(b), commenced as per subs. (2).

* The surname of the child to be entered shall, subject to any linguistic modifications be—

(a) that of the parents of the child as stated in the register of stillbirths or of either of them, as may be determined by the person who, pursuant to section 28, gives the required particulars of the stillbirth concerned to the registrar, or

Sch. 1, Part 2A
F285[PART 2A

Registration of Births

CIVIL REGISTRATION ACT

Registration of Births and Stillbirths

“the register” (Part 3).

Provision of particulars, and registration, of births.

Special provisions in relation to registration of birth of donor-conceived child

Alleviation of requirement on certain persons to appear in person under Part 3 of Act of 2004

Births occurring more than 12 months before registration.

Duty to notify registrar of abandoned new-born children.

Registration of father where parents not married.

Re-registration of birth to include name of father.

Re-registration on foot of court order

Re-registration of birth of donor-conceived child on foot of court order

Re-registration of births of legitimated persons.

Registration, or alteration, of forename of child.

Failure to agree surname and subsequent registration of surname

Registration of births outside State of children of Irish citizens domiciled in State.

Recording and registration of certain other births occuring outside State.

Registrar may take and receive statutory declaration under Guardianship of Infants Act 1964

Registration of stillbirths.

Registration of stillbirths that occurred before 31 December 1994.

Duty to notify Ard-Chláraitheoir of births and stillbirths.

Register of Gender Recognition

Definitions (Part 3A)

Entry in Register

Index to register and privacy

Separate index of connections between register of gender recognition and register of births

Cancellation or amendment of entry in register

Particulars to be Entered in Register of Births

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