Birth Information and Tracing Act The Act seeks to enshrine in law the importance of a person knowing his or her origins. It provides for the full and unredacted release of birth and early life information to persons who have attained the age of 16 years. In summary, the Act provides for: Release of the birth certificate, birth information, early life information, care information and […]
Application for Order The Civil Law (Presumption of Death) Act 2019 provides for the civil status of a missing person where the circumstances of his or her absence leads to a presumption of death. A missing person is defined as an individual whose existence has become uncertain, because he or she has disappeared without trace and there are no signs that he or she is […]
Right of Burial At common law, every parishioner and inhabitant in the parish and every person dying within the parish had the right to be buried in the parish churchyard. If the parish was divided into ecclesiastical districts and there was no burial ground within the district, the bodies of persons lying in a district could be interred in the cemetery of the parish church. […]
Background Registration of births, deaths and marriages came relatively late to Great Britain and Ireland. After the Reformation in England, the established church was required to keep registers of baptisms, weddings and funerals. There were penalties for non-compliance but compliance standards were not high. The first comprehensive civil registration act was enacted after a number of failed attempts in 1836. It applied to England and […]
Nature of Registration Registration of births does not register a person’s name or the person in any broader sense. It registers the date of birth, together with particulars of name, place of birth and details of parents. The parental details are not necessarily final. See separately under Family Law in relation to the legislation on the non-marital father. See also the section on health in […]
Overview Ireland does not maintain registers of individuals’ identities. Birth certificates record facts of birth that are not proof of any identity. They do not provide a unique identifier or any means of linking to a particular person. Unlike other jurisdictions, there is no provision in Ireland for identity cards. In practice, passports and driving licenses are commonly used for identification and verification purposes. This […]
General A name at common law is a means of identifying a person and distinguishing him from others. A person’s name is not subject to registration as such. It is a matter of fact and practice. A name usually comprises a forename/Christian name and a surname. There may commonly be a further second hyphenated name and one or more further middle names. Traditionally, a Christian […]
Register of Deaths The registrar maintains a register of deaths. Where a death occurs in the State, it is the duty of the deceased’s relative who has knowledge of the required particulars in relation to the death to notify the registrar of the death within three months using the form required. If there is no such relative who can be found or every relative is […]
Background The coroner’s office is an ancient office dating back to the Middle Ages. An inquiry was held at the place of death, typically where there had been a crime, to examine the body and make findings associated with the crime. The Coroner’s Act 1962 put coroners law on a modern footing, repealing numerous old acts dating back 700 years. The Act has been amended, […]
Overview The coroner may arrange for a post-mortem to be conducted at the relevant hospital. This is usually performed by a pathologist. It must not be a doctor or pathologist who is involved in the care of the patient in the final month of his life. It must not be a doctor or pathologist whose opinion might be called into question at the inquest. If […]
Purpose of Inquest The coroner may hold an inquest to establish the cause of death and in other circumstances at his or her discretion. The purpose of an inquest is limited to identifying the facts of death. Blame may not be attributed. An inquest may require a jury who will reach a verdict on the question. The purpose of an inquest shall be to establish: […]
Overview According to the Coroners Act 1962 and the Coroners Amendment Act 2019, there is an obligation to notify a reportable death to the coroner. The obligation applies to certain persons unless they have reasonable cause to believe that certain other persons have already reported the death. The following are reportable deaths: the death of a person which occurred, or may have occurred, either directly […]
DAHR Legislation The Child and Family Relationships Act 2015 was the first Irish legislation to make provision for Donor Assisted Human Reproduction (DAHR). It established a national donor-conceived person register. This enables donor-conceived children, donors and parents to trace their identity. A DAHR facility may not acquire anonymous gametes or embryos. They must, when acquiring the gametes or embryos, ascertain the name, date of birth, […]
Overview The Gender Recognition Act 2015 provides for legal recognition of the preferred gender of transgender persons. Recognition is effective from the date of recognition and is not retrospective. The Department of Social Protection is the decision-making authority in relation to the issue of a gender recognition certificate. The Department issues a certificate to the applicant once the relevant conditions and qualifications have been complied […]