Patentage and Status
STATUS OF CHILDREN ACT 1987
REVISED
Updated to 4 May 2020
AN ACT TO EQUALISE THE RIGHTS OF CHILDREN AND AMEND THE LAW RELATING TO THEIR STATUS AND FOR THOSE PURPOSES TO AMEND THE LAW RELATING TO LEGITIMACY AND TO GUARDIANSHIP OF INFANTS, TO AMEND AND EXTEND THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976, IN RELATION TO CERTAIN CHILDREN AND TO AMEND FURTHER THE LAW RELATING TO MAINTENANCE, TO AMEND THE LAW RELATING TO SUCCESSION AND OTHER PROPERTY RIGHTS, TO PROVIDE FOR DECLARATIONS OF PARENTAGE AND FOR THE USE OF BLOOD TESTS TO ASSIST IN THE DETERMINATION OF PARENTAGE, TO AMEND THE LAW RELATING TO CERTAIN PRESUMPTIONS AND EVIDENCE, TO MAKE FURTHER PROVISION FOR THE REGISTRATION AND RE-REGISTRATION OF BIRTHS AND TO PROVIDE FOR CONNECTED MATTERS. [14th December, 1987]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
Editorial Notes:
E1
Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2, S.I. No. 591 of 2017.
E2
The Court may give directions to obtain a written report on any questions affecting the welfare of a party to the proceedings or any other person to whom the proceedings relate as provided (1.08.1996) by Family Law Act 1995 (26/1995), s. 47(1) and s. 47(6)(e), S.I. No. 46 of 1996.
E3
Proceedings under Act included in definition of “family law proceedings” (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 30, commenced as per s. 46(2).
E4
Circuit Court to be known as the Circuit Family Court when exercising its jurisdiction to hear and determine family law proceedings as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 31(1), commenced as per s. 46(2).
E5
Circuit Family Court authorised to hear and determine proceedings instituted under Act at different places, times or days (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 32, commenced as per s. 46(2).
E6
Conduct of family proceedings in District Court, Circuit Family Court and High Court required to be informal (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 33 and 45, commenced as per s. 46(2).
PART I
Preliminary and General
Short title and commencement.
1.—(1) This Act may be cited as the Status of Children Act, 1987.
(2) (a) This Part (other than sections 3 and 4) shall come into operation on the passing of this Act and the said sections 3 and 4 shall come into operation one month after such passing.
(b) Parts II to IX shall come into operation six months after the passing of this Act or on such earlier day or days (not being earlier than one month after such passing) as may be fixed therefor by order or orders of the Minister for Justice, either generally or with reference to any particular Part or Parts.
Interpretation.
2.—In this Act, a reference to a Part is to a Part of this Act unless the context requires that a reference to some other enactment is intended.
Marital status of parents to be of no effect on relationships.
3.—(1) In deducing any relationship for the purposes of this Act or of any Act of the Oireachtas passed after the commencement of this section, the relationship between every person and his father and mother (or either of them) shall, unless the contrary intention appears, be determined irrespective of whether his father and mother are or have been married to each other, and all other relationships shall be determined accordingly.
(2) (a) An adopted person shall, for the purposes of subsection (1) of this section, be deemed from the date of the adoption to be the child of the adopter or adopters and not the child of any other person or persons.
F1[(b) In this subsection ‘adopted person’ means a person who has been adopted under an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or, where the person has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State.]
Annotations
Amendments:
F1
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 172(a), S.I. No 511 of 2010.
Editorial Notes:
E7
Provision for certain Taxes Acts to be construed in accordance with section provided (various dates) by Taxes Consolidation Act 1997 (39/1997), s. 8, commenced as per s. 1097.
E8
Provision for certain Taxes Acts to be construed in accordance with section provided (25.05.1988) by Finance Act 1988 (12/1988), s. 74, commenced on enactment.
Construction of references to persons whose parents have or have not married each other, etc.
4.—In this Act and in every Act of the Oireachtas passed after the commencement of this section—
(a) a reference, however expressed, to a person whose parents have not married each other shall, unless the contrary intention appears, be construed as including a reference to a person whose parents are or have been married to each other but between whom there has been no subsisting marriage at any time during the period of ten months before the person’s birth, or during the persons’s lifetime, and
(b) a reference, however expressed, to a person whose parents have married each other shall, unless the contrary intention appears, be construed as excluding a reference to a person in respect of whom paragraph (a) of this section applies.
Meaning of father, mother, parent in Irish Nationality and Citizenship Acts, 1956 and 1986.
5.—It is hereby declared that, in relation to a child, any reference to “father”, “mother” or “parent” in the Irish Nationality and Citizenship Acts, 1956 and 1986, includes and shall be deemed always to have included the father, mother or parent, as the case may require, who was not married to the child’s other parent at the time of the child’s birth or at any time during the period of ten months preceding the birth.
PART II
Amendment of the Act of 1931
Definition (Part II).
6.—In this Part “the Act of 1931” means the Legitimacy Act, 1931.
Amendment of section 1 of the Act of 1931.
7.—(1) Section 1(2) of the Act of 1931 (which precludes the operation of that Act in the case of a person whose father and mother could not have been lawfully married to one another at the time of his birth or at some time during the period of ten months preceding such birth) is hereby repealed.
(2) In the case of a person to whom this section relates, the Act of 1931 shall have effect as if for the references in sections 1(1) and 5 of that Act to the commencement of that Act there were substituted a reference to the commencement of this Part.
PART III
Guardianship
Definition (Part III).
8.—In this Part “the Act of 1964” means the Guardianship of Infants Act, 1964.
Amendment of section 2 of the Act of 1964.
9.—The Act of 1964 is hereby amended by the substitution for section 2 of the following section:
“Interpretation.
2.—(1) In this Act except where the context otherwise requires—
‘adoption order’ means—
(a) an adoption order made under the Adoption Acts, 1952 to 1976, or
(b) any order made or decree granted outside the State, providing for the adoption of a person, which is recognised by virtue of the law for the time being in force in the State,
and for the time being in force;
‘the Act of 1987’ means the Status of Children Act, 1987;
‘father’ includes a male adopter under an adoption order, but, subject to section 11 (4) of this Act, does not include the father of an infant who has not married that infant’s mother unless either—
(a) an order under section 6A (inserted by the Act of 1987) is in force in respect of that infant, or
(b) the circumstances set out in subsection (3) of this section apply;
‘infant’ shall be construed in accordance with section 2 of the Age of Majority Act, 1985;
‘maintenance’ includes education;
‘mother’ includes a female adopter under an adoption order;
‘parent’ means a father or mother as defined by this subsection;
‘testamentary guardian’ means a guardian appointed by deed or will;
‘welfare’, in relation to an infant, comprises the religious and moral, intellectual, physical and social welfare of the infant.
(2) A reference, however expressed, in this Act to an infant whose father and mother have not married each other shall, except in a case to which subsection (3) of this section relates, be construed in accordance with section 4 of the Act of 1987.
(3) (a) The circumstances referred to in paragraph (b) of the definition of ‘father’ in subsection (1) of this section are thatthe father and mother of the infant concerned have at some time gone through a ceremony of marriage and the ceremony resulted in—
(i) a voidable marriage in respect of which a decree of nullity was granted after, or at some time during the period of ten months before, the birth of the infant, or
(ii) a void marriage which the father reasonably believed (whether or not such belief was due to a mistake of law or of fact) resulted in a valid marriage—
(I) where the ceremony occurred before the birth of the infant, at some time during the period of ten months before that birth, or
(II) where the ceremony occurred after the birth of the infant, at the time of that ceremony.
(b) It shall be presumed for the purposes of paragraph (a) (ii) of this subsection, unless the contrary is shown, that the father reasonably believed that the ceremony of marriage to which that paragraph relates resulted in a valid marriage.”.
Proof of paternity in certain proceedings.
10.—The Act of 1964 is hereby amended by the insertion after section 3 of the following section:
“3A.—Where in any proceedings before any court on an application for an order under this Act (other than so much of any proceedings as section 15 of the Act of 1987 relates to) in respect of an infant whose father and mother have not married each other, a person (being a party to the proceedings) is alleged to be, or alleges that he is, the father of the infant but that allegation is not admitted by a party to the proceedings, the court shall not on that application make any final order which imposes any obligation or confers any right on that person unless it is proved on the balance of probabilities that he is the father of the infant:
Provided that this section applies only where the fact that that person is or is not the father of the infant is material to the proceedings.”.
Amendment of section 6 of the Act of 1964.
11.—Section 6 of the Act of 1964 is hereby amended by the substitution of the following subsection for subsection (4):
“(4) Where the mother of an infant has not married the infant’s father, she, while living, shall alone be the guardian of the infant unless there is in force an order under section 6A (inserted by the Act of 1987) of this Act or a guardian has otherwise been appointed in accordance with this Act.”.
Power of court to appoint certain fathers as guardians.
12.—The Act of 1964 is hereby amended by the insertion after section 6 of the following section:
“6A.—(1) Where the father and mother of an infant have not married each other, the court may, on the application of the father, by order appoint him to be a guardian of the infant.
(2) Without prejudice to the provisions of sections 5(3) (inserted by the Courts Act, 1981), 8 (4) and 12 of this Act, the appointment by the court under this section of the father of an infant as his guardian shall not affect the prior appointment of any person as a guardian of the infant under section 8 (1) of this Act unless the court otherwise orders.
(3) Rules of court shall provide a special procedure for determining an application under this section where—
(a) the mother consents in writing to the appointment of the father as guardian, and
(b) the father is registered as the father in a register maintained under the Births and Deaths Registration Acts, 1863 to 1987,
and such procedure shall be as informal as is practicable and consistent with the administration of justice.”.
Amendment of section 11 of the Act of 1964.
13.—Section 11 of the Act of 1964 is hereby amended by the substitution of the following subsection for subsection (4):
“(4) In the case of an infant whose father and mother have not married each other, the right to make an application under this section regarding the custody of the infant and the right of access thereto of his father or mother shall extend to the father who is not a guardian of the infant, and for this purpose references in this section to the father or parent of an infant shall be construed as including him.”.
PART IV
Maintenance
Definition (Part IV).
14.—In this Part “the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act, 1976.
Disputed parentage in maintenance proceedings, etc.
15.—Where, in any proceedings before a court relating to the maintenance of a child or the payment of a lump sum in respect of the expenses for the birth or funeral of a child, the making of an order for the purpose of granting such maintenance or the payment of such a lump sum, as the case may be, depends on a finding that a person is a parent of the child, the court shall not in those proceedings make any such order unless it is proved on the balance of probabilities that that person is a parent of the child.
Amendment of section 3 of the Act of 1976.
16.—Section 3 of the Act of 1976 is hereby amended in subsection (1)—
(a) by the insertion after the definition of “Court” of the following definition:
“‘dependent child’ means any child (including a child whose parents are not married to each other) who is under the age of sixteen years, or, if he has attained that age—
(a) is or will be or, if an order were made under this Act providing for periodical payments for his support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of twenty-one years, or
(b) is suffering from mental or physical disability to such extent that it is not reasonably possible for him to maintain himself fully;”,
(b) by the substitution for the definition of “dependent child of the family” of the following definition:
“‘dependent child of the family’, in relation to a spouse or spouses, means any dependent child—
(a) of both spouses, or adopted by both spouses under the Adoption Acts, 1952 to 1976, or in relation to whom both spouses are in loco parentis, or
(b) of either spouse, or adopted by either spouse under the Adoption Acts, 1952 to 1976, or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he is not the parent of the child, has treated the child as a member of the family;”,
(c) by the insertion after the definition of “interim order” of the following definition:
“‘lump sum order’ means an order under section 21A of this Act;”,
(d) by the substitution of the following definition for the definition of “maintenance order”:
“‘maintenance order’ means, where the context requires, an order under either section 5 or 5A of this Act;”,
and
(e) by the insertion before the definition of “variation order” of the following definition:
“‘parent’, in relation to a dependent child, includes a person who has adopted the child under the Adoption Acts, 1952 to 1976, but does not include a person who is a parent of the child adopted under those Acts where the person is not an adopter of the child;”.
Amendment of section 5 of the Act of 1976.
17.—Section 5 of the Act of 1976 is hereby amended—
(a) by the insertion in subsection (1) (c)—
(i) of “under this section” after “maintenance order”, and
(ii) of “of the family” after “dependent child” in each place it occurs,
and
(b) by the substitution of the following subsection for subsection (4):
“(4) The Court, in deciding whether to make a maintenance order under this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, to the following matters—
(a) the income, earning capacity (if any), property and other financial resources of—
(i) the spouses and any dependent children of the family, and
(ii) any other dependent children of which either spouse is a parent,
including income or benefits to which either spouse or any such children are entitled by or under statute, and
(b) the financial and other responsibilities of—
(i) the spouses towards each other and towards any dependent children of the family, and
(ii) each spouse as a parent towards any other dependent children,
and the needs of any such children, including the need for care and attention.”,
and the said subsection (1) (c), as so amended, is set out in the Table to this section.
TABLE
(c) A maintenance order under this section or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the family and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the family shall be made.
Maintenance order (provision for certain dependent children).
18.—The Act of 1976 is hereby amended by the insertion after section 5 of the following section:
“5A.—(1) Subject to subsection (3) of this section, where, in respect of a dependent child whose parents are not married to each other, it appears to the Court on application to it by either parent of the child that the other parent has failed to provide such maintenance for the child as is proper in the circumstances, the Court may make an order (in this Act referred to as amaintenance order) that the other parent make to the applicant parent periodical payments, for the support of the child as aforesaid, for such period during the lifetime of the applicant parent, of such amount and at such times, as the Court may consider proper.
(2) Subject to subsections (3) and (4) of this section, where in respect of a dependent child whose parents are not married to each other it appears to the Court, on application to it by any person other than a parent, that a parent of the child (not being a child who is being fully maintained by the other parent) has failed to provide such maintenance for the child as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the parent make to that person periodical payments for the support of the child for such period during the lifetime of that person, of such amount and at such times as the Court may consider proper.
(3) The Court, in deciding whether to make a maintenance order under this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, to the following matters—
(a) the income, earning capacity (if any), property and other financial resources of—
(i) each parent,
(ii) the dependent child in respect of whom the order is sought, and
(iii) any other dependent children of either parent,
including income or benefits to which either parent, the dependent child as aforesaid or such other dependent children are entitled by or under statute, and
(b) the financial and other responsibilities of each parent towards—
(i) a spouse,
(ii) the dependent child in respect of whom the order is sought, and
(iii) any other dependent children of either parent,
and the needs of any dependent child as aforesaid or of any such other dependent children, including the need for care and attention.
(4) The Court shall not make a maintenance order under subsection (2) of this section in relation to a parent of a dependent child if a maintenance order under subsection (1) of this section requiring that parent to make periodical payments for the support of the child is in force or that parent has made provision for the child by an agreement under which, at or after the time of the hearing of the application for the order under the said subsection (2), payments fall to be made and in relation to which an order under section 8A of this Act has been made unless—
(a) the parent is not complying with the order under the said subsection (1) or the agreement, as the case may be, and
(b) the Court, having regard to all the circumstances, thinks it proper to do so,
but, if the Court makes the order under the said subsection (2), any amounts falling due for payment under the order under the said subsection (1) or the agreement, as the case may be, on or after the date of the making of the order under the said subsection (2) shall not be payable.”.
Amendment of section 6 of the Act of 1976.
19.—Section 6 of the Act of 1976 is hereby amended in subsection (3)—
(a) by the deletion of “of the family” where it first occurs, and
(b) by the substitution of “for the purposes of the order” for “of the family” where it last occurs,
and the said subsection, as so amended, is set out in the Table to this section.
TABLE
(3) That part of a maintenance order which provides for the support of a dependent child shall stand discharged when the child ceases to be a dependent child by reason of his attainment of the age of sixteen years or twenty-one years, as the ease may be, and shall be discharged by the Court, on application to it under subsection (1) of this section, if it is satisfied that the child has for any reason ceased to be a dependent child for the purposes of the order.
Orders in respect of certain other agreements.
20.—The Act of 1976 is hereby amended by the insertion after section 8 of the following section:
“8A.—Where—
(a) the parents of a dependent child who are not married to each other enter into an agreement in writing after the commencement of Part IV of the Status of Children Act, 1987, that includes either or both of the following provisions, that is to say—
(i) a provision whereby a parent undertakes to make periodical payments towards the maintenance of the child,
(ii) a provision affecting the interests of the child which governs the rights and liabilities of the parents towards one another in respect of the making or securing of payments (other than payments specified in paragraph (a)(i) of this section), or the disposition or use of any property,
and
(b) an application is made by one or both of the parents to the High Court or the Circuit Court for an order making the agreement a rule of court,
that Court may make such an order if it is satisfied that the agreement is a fair and reasonable one which in all the circumstances adequately protects the interests of the child and such order shall, in so far as it relates to a provision specified in paragraph (a)(i) of this section, be deemed, for the purposes of section 9 and Part III of this Act, to be a maintenance order.”.
Birth and funeral expenses of dependent child.
21.—(1) The Act of 1976 is hereby amended by the insertion after section 21 of the following section:
“21A.—(1) The Court may make an order (in this Act referred to as a lump sum order) where it appears to the Court on application by—
(a) in relation to a dependent child of the family, a spouse, or
(b) in relation to a dependent child whose parents are not married to each other, a parent,
that the other spouse or parent, as the case may be, has failed to make such contribution as is proper in the circumstances towards the expenses incidental to either or both—
(i) the birth of a child who is a dependent child or who would have been a dependent child were he alive at the time of the application for a lump sum order,
(ii) the funeral of a child who was a dependent child or who would have been a dependent child had he been born alive,
and any lump sum order shall direct the respondent spouse or parent, as the case may be, to pay to the applicant a lump sum not exceeding £1,500, but no such order shall direct the payment of an amount exceeding £750 in respect of the birth of a child to whom this section relates or £750 in respect of the funeral of such a child.
(2) Section 5 (4) (as amended by the Status of Children Act, 1987) or 5A (3) (inserted by the said Act) of this Act, as may be appropriate, shall apply for the purpose of determining the amount of any lump sum under this section as it applies for the purpose of determining the amount of any payment under 5A of this Act, as appropriate.
(3) (a) Nothing in this section, apart from this subsection, shall prejudice any right of a person otherwise to recover moneys expended in relation to the birth or funeral of a child.
(b) Where an application for a lump sum order has been determined, the applicant shall not be entitled otherwise to recover from the respondent moneys in relation to matters so determined.”.
(2) Section 64 of the Health Act, 1970, is hereby amended by the substitution of the following subsection for subsection (3):
“(3) In deciding whether or not to make an order under section 21A of the Family Law (Maintenance of Spouses and Children) Act, 1976 (inserted by the Status of Children Act, 1987), in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to a grant under this section.”.
(3) Section 28 of the Social Welfare (Consolidation) Act, 1981, is hereby amended by the substitution of the following subsection for subsection (2):
“(2) In deciding whether or not to make an order under section 21A of the Family Law (Maintenance of Spouses and Children) Act, 1976 (inserted by the Status of Children Act, 1987), in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity allowance.”.
Amendment of section 23 of the Act of 1976.
22.—Section 23 of the Act of 1976 is hereby amended by the substitution in subsection (1) (inserted by the Courts Act, 1981) of “sections 5, 5A, 6, 7, 9 and 21A” for “sections 5, 6, 7 and 9”, and the said subsection (1), as so amended, is set out in the Table to this section.
TABLE
(1) Subject to subsection (2) of this section, the Circuit Court and the District Court shall have jurisdiction to hear and determine proceedings under sections 5, 5A, 6, 7, 9 and 21A of this Act.
Amendment of section 24 of the Act of 1976.
23.—Section 24 of the Act of 1976 is hereby amended by the insertion of “or 8A” after “section 8” and by the substitution of “either of those sections” for “that section”, and the said section, as so amended, is set out in the Table to this section.
TABLE
24.—A periodical payment of money pursuant to a maintenance order, a variation order, an interim order, an order under section 8 or 8A of this Act (in so far as it is deemed under either of those sections to be a maintenance order), or an attachment of earnings order shall be made without deduction of income tax.
Amendment of Defence Act, 1954.
24.—(1) The reference in section 98(1)(d) of the Defence Act, 1954, to an order made by a civil court under section 3, 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930, shall be construed as a reference to an order under section 5A, 6, 7 or 21A of the Act of 1976 (as amended by this Part) or an order under section 8A (inserted by this Part) of the Act of 1976 (in so far as it is deemed under that section to be a maintenance order).
(2) Section 99 (as extended to women by virtue of sections 2 and 5 of the Defence (Amendment) (No. 2) Act, 1979) of the Defence Act, 1954 (which relates to deductions from the pay of certain members of the Permanent Defence Force in respect of maintenance of a spouse or legitimate children) is hereby amended by the substitution insubsection (1) of “his spouse or any of his children (including any of his children in respect of whom his spouse is not a parent and any children he has adopted under the Adoption Acts, 1952 to 1976)” for “his wife or any of his legitimate children” and of “the spouse or any such children” for “the wife or such legitimate children”.
Repeal of the Act of 1930 and consequential provisions.
25.—(1) The Illegitimate Children (Affiliation Orders) Act, 1930 (hereafter in this section referred to as “the Act of 1930”) is hereby repealed.
(2) Any order made by a court under the provisions of the Act of 1930 and in force immediately before the commencement of this Part shall, in so far as such order could have been made under section 5A (inserted by this Part) of the Act of 1976 had it been in operation when that order was made, be deemed for all purposes to be an order made under the said section 5A.
(3) Any proceedings initiated under the provisions of the Act of 1930 and not completed before the commencement of this Part shall, in so far as such proceedings could have been initiated under section 5A of the Act of 1976 had it been in operation at such initiation, be deemed for all purposes to be proceedings under the said section 5A and may be continued accordingly.
(4) Subsections (2) and (3)of this section are without prejudice to any proceedings initiated, or any order or part of such order made, under the Act of 1930 to which those subsections do not relate.
PART V
Property Rights
Definition (Part V).
26.—In this Part “the Act of 1965” means the Succession Act, 1965.
Construction of dispositions, etc.
27.—(1) In any disposition (including a disposition creating an entailed estate) made after the commencement of this Part, references, however expressed, to relationships between persons shall be construed in accordance with section 3 of this Act.
(2) The following provisions of section 3 of the Legitimacy Act, 1931, namely—
(a) subsection (1) (b) (which relates to the effect of dispositions where a person has been legitimated),
(b) subsection (1) (c) (which relates to the effect of legitimation on entailed estates), and
(c) subsection (2) (which provides that, where the right to any property depends on the relative seniority of the children of any person, legitimated persons shall rank as if born on the date of legitimation),
shall not apply—
(i) in the case of the said subsection (1) (b), to a disposition made after the commencement of this Part,
(ii) in the case of the said subsection (1) (c), in relation toany entitlement under an entailed estate created by a disposition made after the commencement of this Part, and
(iii) in the case of the said subsection (2), in relation to any right conferred by a disposition made after the commencement of this Part,
except as respects any interest in relation to which the disposition refers only to persons who are, or whose relationship is deduced through, legitimate persons.
(3) For the purpose of any property right to which this section or section 4A (inserted by this Act) of the Act of 1965 relates, F2[section 60 of the Adoption Act 2010 (which relates to the property rights of persons adopted under the Adoption Act 2010)] shall be construed as applying also to any person adopted outside the State whose adoption is recognised by virtue of the law for the time being in force in the State.
(4) (a) Subject to paragraph (b) of this subsection, this section is without prejudice to F2[section 60 (as construed in accordance with subsection (3) of this section) of the Adoption Act 2010]
(b) An adopted person shall, unless the contrary intention appears, be entitled to take under a disposition made after the commencement of this Part in the same manner as he would have been entitled to so take if, at the date of the adoption order, he had been born in lawful wedlock to the person or persons who so adopted him.
(5) Any rule of law that a disposition in favour of illegitimate children not in being when the disposition takes effect is void as contrary to public policy is hereby abrogated as respects such dispositions made after the commencement of this Part.
(6) In relation to any disposition made before the commencement of this Part—
(a) nothing in this section shall affect the operation or construction of, or any entitlement under, any disposition so made, and
(b) where such a disposition creates a special power of appointment, nothing in this section shall be interpreted as extending the class of persons in whose favour the appointment may be make so as to include any person who is not a member of that class.
(7) (a) In this section “disposition” means a disposition, including an oral disposition, of real or personal property whether inter vivos or by will or codicil.
(b) Notwithstanding any rule of law, a disposition made by will or codicil executed before the commencement of this Part shall not be treated for the purposes of this section as made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.
Annotations
Amendments:
F2
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 172(b) and (c), S.I. No. 511 of 2010.
Amendment of section 3 of the Act of 1965.
28.—Section 3 of the Act of 1965 is hereby amended—
(a) by the insertion in subsection (1) after the definition of “an intestate” of the following:
“‘issue’ shall be construed in accordance with section 4A (inserted by the Status of Children Act, 1987);”,
and
(b) by the insertion of the following subsection after subsection (1):
“(1A) In this Act a reference, however expressed, to a person whose parents have married or have not married each other shall be construed in accordance with section 4 of the Status of Children Act, 1987.”.
Succession rights.
29.—The Act of 1965 is hereby amended by the insertion after section 4 of the following section:
“4A.—(1) In deducing any relationship for the purposes of this Act, the relationship between every person and his father and mother shall, subject to section 27A of this Act (inserted by the Act of 1987), be determined in accordance with section 3 of the Act of 1987, and all other relationships shall be determined accordingly.
(2) Where a person whose father and mother have not married each other dies intestate, he shall be presumed not to have been survived by his father, or by any person related to him through his father, unless the contrary is shown.
(3) The reference in section 75(1) to Part VI and the reference in the said section 75(1) to the foregoing provisions of the said Part VI shall, in relation to an instrument inter vivos made, or a will coming into operation, after the commencement of Part V of the Act of 1987, be construed as including references to this section.
(4) This section is without prejudice to section 26 (which, as construed in accordance with section 27 (3) of the Act of 1987, relates to the property rights of adopted persons) of the Adoption Act, 1952.
(5) This section shall not affect any rights under the intestacy of a person dying before the commencement of Part V of the Act of 1987.
(6) In this section ‘the Act of 1987’ means the Status of Children Act, 1987.”.
Entitlement to grant of probate or administration.
30.—The Act of 1965 is hereby amended by the insertion after section 27 of the following section:
“27A.—For the purpose of the application of section 26 or 27 in respect of the estate of a deceased person, the deceased shall be presumed, unless the contrary is shown, not to have been survived by any person related to him whose parents have not married each other or by any person whose relationship with the deceased is deduced through a person whose parents have not married each other.”.
Amendment of section 117 of the Act of 1965.
31.—Section 117 of the Act of 1965 is hereby amended by the insertion of the following subsection after subsection (1):
“(1A) (a) An application made under this section by virtue of Part V of the Status of Children Act, 1987, shall be considered in accordance with subsection (2) irrespective of whether the testator executed his will before or after the commencement of the said Part V.
(b) Nothing in paragraph (a) shall be construed as conferring a right to apply under this section in respect of a testator who dies before the commencement of the said Part V.”.
Repeals relating to property rights.
32.—The provisions of the following enactments are hereby repealed to the extent specified:
(a) in the Provident Nominations and Small Intestacies Act, 1883, section 8;
(b) in the Savings Banks Act, 1887, the words “, or in case of any illegitimacy of the deceased person or his children, to or among such person or persons as may be directed by the said regulations,” in section 3 (2);
(c) in the Superannuation Act, 1887, the words “, or in case of the illegitimacy of the deceased person or his children, to or among such persons as the department may think fit,” in section 8;
(d) in the Industrial and Provident Societies Act, 1893, section 27 (2);
(e) in the Friendly Societies Act, 1896, section 58 (2);
(f) in the Legitimacy Act, 1931, sections 1(3) and 9;
(g) in the Local Government (Superannuation) Act, 1956, the words “or, in the case of the illegitimacy of the deceased, to or among such persons as the local authority think fit,” in section 61 (1) (e);
(h) in the Act of 1965, section 110.
PART VI
Declarations of Parentage
Definitions (Part VI).
33.—In this Part—
F3[‘adopted person’ has the same meaning as in section 3(2)(b) of this Act;]
“the Court” means the Circuit Court;
“prescribed” means prescribed by rules of court.
Annotations
Amendments:
F3
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/21015), s. 79, S.I. No. 12 of 2016.
F4
Inserted by Children and Family Relationships Act 2015 (9/2015), s. 79, not commenced as of date of revision.
Modifications (not altering text):
C1
Prospective affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 79, partially not commenced as of date of revision.
F4[ ‘Act of 2015’ means the Children and Family Relationships Act 2015;
…
‘donor-conceived child’ has the same meaning as in Part 2 of the Act of 2015;
‘parent’ includes a second parent;
‘second parent’, in relation to a donor-conceived child, means a person who is a parent of the child under section 5(1)(b) of the Act of 2015, other than a person who is a parent under that section by virtue of a declaration obtained under section 21 or 22 of that Act.]
Jurisdiction and venue (Part VI).
34.—(1) The Court shall have jurisdiction to grant a declaration under this Part.
(2) The jurisdiction conferred on the Court by this section shall be exercised by the judge of the circuit where any party to the proceedings ordinarily resides or carries on any profession, business or occupation or, where no party to the proceedings ordinarily resides or carries on any profession, business or occupation in the State, by a judge assigned to the Dublin Circuit.
(3) The jurisdiction conferred by this section is in addition to any other jurisdiction to grant a declaration of parentage or to make an order which has the effect of such a declaration.
Declaration of parentage.
35.—F5[(1) A person specified in subsection (1A) of this section may apply to the Court for a declaration under this section that—
(a) a person named in the application is or is not the mother,
(b) a person named in the application is or is not the father or second parent, or
(c) 2 persons named in the application are or are not the parents,
of a person (other than a person who is an adopted person) named in the application (in this section referred to as the ‘person concerned’).]
F6[(1A) An application for a declaration under this section may be made, in relation to a person concerned, by—
(a) the person concerned,
(b) any person seeking a declaration that he or she is the mother, father or second parent of the person concerned, or
(c) any person seeking a declaration that he or she is not the mother, father or second parent of the person concerned.
(1B) Where an application for a declaration under this section is made by a person referred to in paragraph (b) or (c) of subsection (1A) of this section in relation to a person concerned, the person concerned shall be joined as a party to the proceedings.]
(2) An application may be made under subsection (1) of this section notwithstanding the fact that any person named in the application as the father or the mother or a parent, as the case may be, is not, or may not be, alive.
(3) F7[Where an application for a declaration under this section is made in relation to a person concerned who was not born in the State, the person making the application shall specify] in the application the reasons for seeking the declaration from the Court, and the Court shall refuse to hear or refuse to continue hearing, as the case may be, the application if at any stage it considers that there are no good and proper reasons for seeking the declaration.
(4) F8[…]
(5) On an application under this section the Court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.
(6) Where on an application under this section the Attorney General requests to be made a party to the proceedings, the Court shall order that he shall be added as a party, and, whether or not he so requests, the Attorney General may argue before the Court any question in relation to the application which the Court considers necessary to have fully argued and take such other steps in relation thereto as he thinks necessary or expedient.
(7) The Court may direct that notice of any application under this section shall be given in the prescribed manner to such other persons as the Court thinks fit and where notice is so given to any person theCourt may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings.
F9[(8) Where on an application under subsection (1) of this section it is proved on the balance of probabilities that—
(a) a person named in the application is or is not the mother,
(b) a person so named is or is not the father or second parent, or
(c) persons so named are or are not the parents,
of the person concerned, the Court shall make the declaration accordingly.]
(9) Any declaration made under this section shall be in a form to be prescribed and shall be binding on the parties to the proceedings and any person claiming through a party to the proceedings, and where the Attorney General is made a party to the proceedings the declaration shall also be binding on the State.
Annotations
Amendments:
F5
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 80(a), S.I. No. 12 of 2016, other than in so far as subs. (1)(b) relates to a second parent.
F6
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 80(b), S.I. No. 12 of 2016, other than in so far as subss. (1A), (1B) relate to a second parent.
F7
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 80(c), S.I. No. 12 of 2016.
F8
Deleted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 80(d), S.I. No. 12 of 2016.
F9
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 80(e), S.I. No. 12 of 2016, other than in so far as subs. (8) relates to a second parent.
Editorial Notes:
E9
Note that certain amendments commenced only in part, see F-notes above.
Supplementary provisions to section 35.
36.—(1) Rules of court may provide that any application for a declaration under section 35 of this Act shall contain such information as may be prescribed.
(2) Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 35 of this Act, the Court may make such order as it considers just as to the payment of those costs by other parties to the proceedings.
(3) No proceedings on an application under section 35 of this Act shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.
(4) On the hearing of an application under section 35 of this Act the Court may direct that the whole or any part of the proceedings shall be heard otherwise than in public, and an application for a direction under this subsection shall be so heard unless the Court otherwise directs.
(5) Where a declaration is made by the Court under section 35 of this Act, notification of that decision shall be given to an tArd-Chláraitheoir and shall be given in such manner as may be prescribed.
Annotations
Modifications (not altering text):
C2
Application of section restricted (31.03.2005) by Civil Liability and Courts Act 2004 (31/1004), s. 40, S.I. No. 544 of 2004; as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 31, S.I. No. 274 of 2008.
Proceedings heard otherwise than in public.
40.—…
(2) For the purposes of this section each of the following shall be a “relevant enactment”— …
(e) section 36 of the Status of Children Act 1987;
…
(3) Nothing contained in a relevant enactment shall operate to prohibit—
(a) the preparation by a barrister at law or a solicitor or a person falling within any other class of persons specified in regulations made by the Minister and publication of a report of proceedings to which the relevant enactment relates, or
(b) the publication of the decision of the court in such proceedings,
in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing [such a report—
(i) attend the proceedings, and
(ii) have access to any relevant documents,
subject to any directions the court may give in that behalf.]
(4) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from supplying copies of, or extracts from, orders made in the proceedings to such persons and in accordance with such conditions (if any) as may be prescribed by order of the Minister.
(5) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from being accompanied, in such proceedings, in court by another person subject to the approval of the court and any directions it may give in that behalf.
(6) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the production of a document prepared for the purposes or in contemplation of such proceedings or given in evidence in such proceedings, to—
(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or
(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.
(7) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the giving of information or evidence given in such proceedings to—
(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or
(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.
(8) A court hearing proceedings under a relevant enactment shall, on its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third parties if such disclosure is required to protect the legitimate interests of a party or other person affected by the proceedings.
(9) A hearing, inquiry or investigation referred to in subsection (6) or (7) shall, in so far as it relates to a document referred to in subsection (6) or information or evidence referred to in subsection (7), be conducted otherwise than in public and no such document, information or evidence shall be published.
(10) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.
[(11) In subsection (3), ‘relevant documents’, in relation to any proceedings referred to in that subsection—
(a) subject to paragraph (b), means—
(i) the petition, summons or other originating document in the proceedings,
(ii) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings, and
(iii) any order made by the court in the proceedings,
(b) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect.]
Editorial Notes:
E10
Section defined as “relevant enactment” by Civil Liability and Courts Act 2004 (31/2004), s. 39; as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 4(b), S.I. No. 5 of 2014.
PART VII
Blood Tests in Determining Parentage in Civil Proceedings
Definitions (Part VII).
37.—In this Part—
F10[‘Act of 2015’ means the Children and Family Relationships Act 2015;]
F11[…]
F11[…]
F12[‘bodily sample’ means any of the following taken or to be taken from a person for the purpose of a DNA test:
(a) a swab from the mouth;
(b) a sample of saliva or hair (other than pubic hair);
(c) a blood sample;
F10[‘DAHR procedure’ has the same meaning as in section 20 of the Act of 2015;]
‘DNA’ means deoxyribonucleic acid;
‘DNA test’ means any test carried out under this Part with the object of examining and analysing a bodily sample in order to derive, in relation to the person from whom the sample is taken, information comprising a set of identification characteristics of that person’s DNA;]
F10[‘donor-conceived child’ has the same meaning as in Part 2 of the Act of 2015;]
“excluded” means excluded subject to the occurrence of mutation;
“the Minister” means the Minister for Justice.
F10[‘parent’ means—
(a) in relation to a person who is not a donor-conceived child, his or her mother or father, and
(b) in relation to a donor-conceived child, a person who—
(i) provided a gamete that was used in the DAHR procedure that resulted in the child’s birth, and
(ii) is the mother of the child or is a parent of the child under section 5(1)(b) of the Act of 2015;]
Annotations
Amendments:
F10
Inserted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 81(b), S.I. No. 624 of 2019.
F11
Deleted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 81(a), S.I. No. 12 of 2016.
F12
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 81(b), S.I. No. 12 of 2016.
Direction by court on blood tests.
38.—(1) In any civil proceedings before a court in which the parentage of any person is in question, the court may, either of its own motion or on an application by any party to the proceedings, give a direction for the use of F13[DNA tests] for the purpose of assisting the court to determine whether a person named in the application or a party to the proceedings, as the case may be, is or is not a parent of the person whose parentage is in question, and for the taking, within a period to be specified in the direction, of F13[bodily samples] from the person whose parentage is so questioned, from any person alleged to be a parent of that person and from any other person who is a party to the proceedings, or from any of those persons.
(2) Where, on the application of any party to proceedings—
(a) a direction is given under subsection (1) of this section, such party shall pay the costs of taking and testing F13[bodily samples] for the purpose of giving effect to the direction (including any expenses reasonably incurred by any person in taking any steps required of him for that purpose) and of making a report to the court under section 40 (2) of this Act,
(b) such party obtains, under section 40 (4) of this Act, a written statement explaining or supplementing any statement made in a report under the said section 40 (2), that party shall, subject to any direction by the court, pay the costs (if any) of obtaining the written statement (including any expenses reasonably incurred by any person in taking any steps required by him for that purpose),
but any amount paid or to be paid by virtue of this subsection shall be treated as costs incurred by such party in the proceedings.
(3) The court may at any time revoke or vary a direction previously given by it under this section.
Annotations
Amendments:
F13
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 82, S.I. No. 12 of 2016.
Consent to, and taking of, blood samples.
39.—(1) Subject to subsection (3) of this section, a F14[bodily sample] which is required to be taken from any person for the purpose of giving effect to a direction under section 38 of this Act shall not be taken from that person except with his consent.
(2) Where for the purpose of giving effect to a direction under section 38 of this Act a F14[bodily sample] is required to be taken from a person who is not of full age and the court considers that he is in the circumstances capable of giving or refusing the necessary consent, any consent given or refused by him shall be as effective as it would be if he were of full age.
(3) For the purpose of giving effect to a direction under section 38 of this Act—
(a) a F14[bodily sample] may be taken from a minor, other than one to whom subsection (2) of this section relates, if the person having charge of or control over the minor consents:
Provided that where more than one person has charge of or control over the minor and they disagree as to whether consent should be given, the minor shall be treated as not having consented;
(b) a F14[bodily sample] may be taken from a person of full age who is, in the opinion of the court, incapable of understanding the nature and purpose of F14[DNA tests] if the person havingcharge of or control over him consents and any medical practitioner in whose care he may be has certified that the taking of a F14[bodily sample] from him will not be prejudicial to his proper care and treatment:
Provided that where more than one person has charge of or control over the person concerned and they disagree as to whether consent should be given, the person concerned shall be treated as not having consented.
Annotations
Amendments:
F14
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 83, S.I. No. 12 of 2016.
Blood tests and reports.
40.—(1) Where F15[bodily samples] are taken for the purpose of giving effect to a direction of a court under section 38 (1) of this Act, they shall be tested—
(a) under the control of such person (including a person to whom subsection (6) of this section relates) as all the parties to the proceedings before the court agree to, or
(b) where the parties are not in agreement,
(i) under the control of such person to whom subsection (6) of this section relates, or
(ii) under the control of such other person,
as the court shall direct.
(2) The person under whose control F15[bodily samples] are to be tested by virtue of subsection (1) of this section shall make to the court by which the direction was given a report in which he shall state—
(a) in relation to each person from whom F15[bodily samples] were so taken, the results of the tests, and
(b) in relation to each person (other than the person whose parentage is in question) from whom F15[bodily samples] were so taken—
(i) whether the person to whom the report relates is or is not excluded by the results from being a parent of the person whose parentage is in question, and
(ii) if the person to whom the report relates is not so excluded, the value, if any, of the results in determining whether that person is a parent of the person whose parentage is in question,
and the report shall be received by the court as evidence in the proceedings of the matters stated therein.
(3) A report under subsection (2) of this section shall be in the form prescribed by regulations made under section 41 of this Act.
(4) Where a report has been made to a court under subsection (2) of this section, any party may, with the leave of the court, or shall, if the court so directs, obtain from the person who made the report a written statement explaining or supplementing any statement made in the report, and that statement shall be deemed for the purposes of this section (other than subsections (3) and (6)) to form part of the report made to the court.
(5) Where a direction is given under section 38 (1) of this Act in any proceedings and the F15[bodily samples] to which the direction relateshave been tested by virtue of this section, a party to the proceedings, unless the court otherwise directs, shall not be entitled to call as a witness the person under whose control the F15[bodily samples] were tested for the purpose of giving effect to that direction, or any person by whom any thing necessary for the purpose of enabling those tests to be carried out was done, unless within 14 days after receiving a copy of the report he serves notice on the other parties to the proceedings, or on such of them as the court may direct, of his intention to call that person as a witness and, where that person is so called, the party who called him shall be entitled to cross-examine him.
(6) (a) The Minister may, for the purpose of subsection (1) of this section, appoint a person or category of persons under whose control F15[DNA tests] may be carried out.
(b) The Minister may at any time amend or revoke an appointment under this subsection but such amendment or revocation shall not affect any F15[DNA test] carried out, or the testing of any F15[bodily sample] for the purpose of this Part which was submitted for testing, before such amendment or revocation.
(c) Notice of an appointment, or the amendment or revocation of any appointment, shall be published by the Minister in the Iris Oifigiúil.
Annotations
Amendments:
F15
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 84, S.I. No. 12 of 2016.
Regulations for purpose of giving effect to this Part.
41.—(1) The Minister may make regulations for the purpose of giving effect to this Part.
(2) Without prejudice to the generality of subsection (1) of this section, regulations made under this section may in particular—
(a) regulate the taking, identification and transport of F16[bodily samples];
(b) require the production at the time when a F16[bodily sample] is to be taken of such evidence of the identity of the person from whom it is to be taken as may be prescribed by the regulations;
F16[(c) require any person from whom a bodily sample that is a blood sample is to be taken or, in such cases as may be prescribed by the regulations, such other person as may be so prescribed, to state in writing whether he had during such period as may be specified in the regulations—
(i) suffered from any such illness as may be so specified, or
(ii) received a transfusion of blood or such other medical treatment as may be so specified;]
(d) prescribe the form of any report to be made to a court under this Part.
(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Amendments:
F16
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 85, S.I. No. 12 of 2016.
Editorial Notes:
E11
Power pursuant to section exercised (5.09.1988) by Blood Tests (Parentage) Regulations 1988 (S.I. No. 215 of 1988).
Failure to comply with direction on blood tests.
42.—(1) Where a court gives a direction under section 38 of this Act and any person fails to take any step required of him for thepurpose of giving effect to the direction, the court may draw such inferences, if any, from that fact as appear proper in the circumstances.
(2) Where in proceedings on an application under section 35 of this Act a court gives a direction under section 38 of this Act for the taking of F17[bodily samples] then, if any person named in the direction fails, within such period as may be specified by the court, to take any step required of him for the purpose of giving effect to the direction, the court may dismiss the application.
(3) Where in any civil proceedings in which the parentage of any person falls to be determined by the court hearing those proceedings there is, by virtue of section 46 of this Act, a presumption of paternity relating to such person, then if—
(a) a direction is given under section 38 of this Act in those proceedings, and
(b) any party who is claiming any relief in the proceedings and who for the purpose of obtaining that relief is entitled to rely on the presumption fails to take any step required of him for the purpose of giving effect to the direction,
the court may adjourn the hearing for such period as it thinks fit to enable that party to take that step, and if at the end of that period he has failed without reasonable cause to take it the court may, without prejudice to subsection (1) of this section, dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption.
(4) Where any person named in a direction under section 38 of this Act fails to consent to the taking of a F17[bodily sample] from himself or from any person named in the direction whom he has charge of or control over, he shall be deemed for the purposes of this section to have failed to take a step required of him for the purpose of giving effect to the direction.
Annotations
Amendments:
F17
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 86, S.I. No. 12 of 2016.
Penalty for personation for blood test purposes.
43.—If, for the purpose of providing a F18[bodily sample] for a test under section 40 of this Act, any person personates another or proffers another knowing him not to be the person named in the direction, he shall be liable—
(a) on summary conviction, to F18[a class C fine] or to imprisonment for a term not exceeding 12 months, or to both;
(b) on conviction on indictment, to F18[a fine not exceeding €5,000] or to imprisonment for a term not exceeding two years, or to both.
Annotations
Amendments:
F18
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 87, S.I. No. 12 of 2016.
PART VIII
Presumptions and Evidential Provisions
Abrogation of presumption of legitimacy or illegitimacy.
44.—Any presumption of law as to the legitimacy or illegitimacy of any person is hereby abrogated.
Finding of parentage as evidence in other proceedings.
45.—(1) Where, either before or after the commencement of this Part, a person has been found or adjudged to be a parent of a child in any civil proceedings before a court relating to guardianship ofinfants or maintenance (including affiliation) or under section 215 of the Social Welfare (Consolidation) Act, 1981, such a finding or adjudication shall, notwithstanding the fact that that person did or did not offer any defence to the allegation of parentage or was or was not a party to those proceedings, be admissible in evidence in any subsequent civil proceedings for the purpose of proving that that person is or, where not alive, was a parent of that child:
Provided that no finding or adjudication as aforesaid other than a subsisting one shall be admissible in evidence by virtue of this section.
(2) Where evidence that a person has been found or adjudged to be a parent of a child has been submitted in subsequent proceedings by virtue of subsection (1) of this section, then—
(a) that person shall be taken to be or, where he is not alive, to have been a parent of that child, unless the contrary is proved on the balance of probabilities, and
(b) in relation to the prior court proceedings the contents of any document which was before that court, or which contains any pronouncement of that court, shall, without prejudice to the submission of any other admissible evidence for the purpose of identifying the facts on which the finding or adjudication was based, be admissible for that purpose.
(3) Where in subsequent civil proceedings the contents of any document are admissible in evidence by virtue of subsection (2) of this section, a copy of that document, or of the material part thereof, purporting to be certified or otherwise authenticated by or on behalf of the court or authority having custody of that document shall be admissible in evidence and shall be taken to be a true copy of that document or part unless the contrary is shown.
Presumptions of paternity and non-paternity.
46.—(1) Where a woman gives birth to a child—
(a) during a subsisting marriage to which she is a party, or
(b) within the period of ten months after the termination, by death or otherwise, of a marriage to which she is a party,
then the husband of the marriage shall be presumed to be the father of the child unless the contrary is proved on the balance of probabilities.
F19[(2) Notwithstanding subsection (1) of this section, where a married woman, being a woman who is living apart from her husband, gives birth to a child more than ten months after the date of her separation from her husband, then her husband shall be presumed not to be the father of the child unless the contrary is proved on the balance of probabilities.]
F20[(2A) For the purposes of subsection (2) of this section, the date of the separation of a married woman from her husband shall be deemed to be—
(a) the date on which a decree of divorce a mensa et thoro was granted in relation to them,
(b) the date on which a decree of judicial separation was granted in relation to them,
(c) the date on which a deed of separation was executed in relation to them,
(d) the date on which a separation agreement was entered into by them, or
(e) such other date as may be established by the woman.]
(3) Notwithstanding subsection (1) of this section, where—
F19[(a) the birth of a child is registered in a register maintained under the Civil Registration Act 2004, and]
(b) the name of a person is entered as the father of the child on the register so maintained,
then the person whose name is so entered shall be presumed to be the father of the child unless the contrary is proved on the balance of probabilities.
(4) For the purposes of subsection (1) of this section “subsisting marriage” shall be construed as including a voidable marriage and the expression “the termination, by death or otherwise, of a marriage” shall be construed as including the annulment of a voidable marriage.
F20[(5) In this section, ‘decree of judicial separation’ means a decree under section 3 of the Judicial Separation and Family Law Reform Act 1989.]
Annotations
Amendments:
F19
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 88(a) and (c), S.I. No. 12 of 2016.
F20
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 88(b) and (d), S.I. No. 12 of 2016.
Admissibility of certain evidence.
47.—(1) The evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period.
(2) The proviso to section 3 of the Evidence Further Amendment Act, 1869, is hereby repealed.
PART IX
Registration and Re-registration of Births
Re-registration of birth after declaration of parentage.
48.—F21[…]
Annotations
Amendments:
F21
Repealed (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005, subject to transitional provisions in s. 5.
Editorial Notes:
E12
The Civil Registration Act 2004 (3/2004), s. 23, S.I. No. 764 of 2005, makes provision (5.12.2005) for re-registration of birth and inclusion of the name of the father.
E13
Previous affecting provision: section amended (1.10.1997) by Registration of Births Act 1996 (36/1996), s. 6(2), S.I. No. 45 of 1997.
Amendment of Births and Deaths Registration Act (Ireland), 1880.
49.—The Births and Deaths Registration Act (Ireland), 1880, is hereby amended by the substitution for section 7 of the following sections:
“
Registration of father where parents not married.
7.—(1) In the case of a child whose parents were not married to each other at the date of his birth or at any time during the period of ten months before his birth, no person shall as father of the child be required to give information concerning the birth.
(2) The registrar shall not enter in the register the name of a person as father of a child to whom subsection (1) of this section relates except—
(a) at the joint request of the mother and the person acknowledging himself to be the father of the child, or
(b) at the request of the mother on production of—
(i) a declaration in the prescribed form made by the mother stating that that person is the father of the child, and
(ii) a statutory declaration made by that person acknowledging himself to be the father of the child,
or
(c) at the request of that person on production of—
(i) a declaration in the prescribed form by that person acknowledging himself to be the father of the child, and
(ii) a statutory declaration made by the mother stating that that person is the father of the child,
or
(d) at the request of the mother or that person, which shall in either case be made in writing, on production of a certified copy of any court order in respect of proceedings to which section 45 of the Status of Children Act, 1987, relates, naming that person as the father of the child.
(3) Where the mother of a child to whom subsection (1) of this section relates was married at the date of the birth of the child or at some time during the period of ten months before that birth, the registrar shall not, in respect of a request made by virtue of paragraph (a), (b) or (c) of subsection (2) of this section, register the name of a person as father except, in addition to the said paragraph (a), (b) or (c) being complied with, on production of—
(a) a statutory declaration by the husband of the mother stating that he is not the father of the child, or
(b) a statutory declaration by the mother stating that she has been living apart from her husband under a decree of divorce a mensa et thoro or a deed of separation, as the case may be, for more than ten months before the birth of the child.
(4) On registration of the birth of a child under this section, the register shall be signed by—
(a) the registrar,
(b) the mother of the child, where she has made a request for registration in accordance with subsection (2) of this section, and
(c) the person acknowledging himself to be the father of the child, where he has made a request for registration in accordance with subsection (2) of this section.
(5) Where a person acknowledging himself to be the father of a child (being a child to whom subsection (1) of this section relates) makes a request to the registrar in accordance with subsection (2) (c) or (2) (d) of this section, he shall be treated as a qualified informant concerning the birth of the child for the purposes of this Act.
Re-registration of birth so as to show who is father.
7A.—(1) Where the birth of a child (being a child whose parents were not married to each other at the date of his birth or at any time during the period of ten months before his birth) has been registered under this Act, but no person has been registered as the child’s father, the registrar shall re-register the birth so as to show the name of a person as father—
(a) at the joint request of the mother and that person (being a person who acknowledges himself to be the father of the child), or
(b) at the request of the mother on production of—
(i) a declaration in the prescribed form made by the mother stating that that person is the father of the child, and
(ii) a statutory declaration made by that person acknowledging himself to be the father of the child,
or
(c) at the request of that person on production of—
(i) a declaration in the prescribed form by that person acknowledging himself to be the father of the child, and
(ii) a statutory declaration made by the mother stating that that person is the father of the child,
or
(d) at the request of the mother or that person, which shall in either case be made in writing, on production of a certified copy of any court order in respect of proceedings to which section 45 of the Status of Children Act, 1987, relates, naming that person as the father of the child,
but no birth shall be re-registered under this section except in the prescribed manner and with the authority of an tArd-Chláraitheoir.
(2) Where the mother of a child to whom subsection (1) of this section relates was married at the date of the birth of the child or at some time during the period of ten months before that birth, the registrar shall not, in respect of a request made by virtue of paragraph (a), (b) or (c) of the said subsection (1), re-register the birth so as to show the name of a person as father except, in additionto the said paragraph (a), (b) or (c) being complied with, on production of—
(a) a statutory declaration by the husband of the mother stating that he is not the father of the child, or
(b) a statutory declaration by the mother stating that she has been living apart from her husband under a decree of divorce a mensa et thoro or a deed of separation, as the case may be, for more than ten months before the birth of the child.
(3) On re-registration of the birth of a child under this section, the register shall be signed by—
(a) the registrar,
(b) the mother of the child, where she has made a request for re-registration in accordance with subsection (1) of this section, and
(c) the person acknowledging himself to be the father of the child, where he has made a request for re-registration in accordance with subsection (1) of this section.”.
Annotations
Editorial Notes:
E14
Previous affecting provision: application of Births and Deaths Registration (Ireland) Act 1880 (43 & 44 Vict. c. 13) as amended above was extended to apply to stillbirths as to live births (1.01.1995) by Stillbirths Registration Act 1994 (1/1994), s. 5, S.I. No. 97 of 1994; repealed (5.12.2004) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005.
E15
Previous affecting provision: procedure for registration of father of stillborn child under Births and Deaths Registration Act (Ireland) 1880 (43 & 44 Vict. c. 13), ss. 7 and 7A provided (1.01.1995) by Registration of Stillbirths Regulations 1994 (S.I. No. 426 of 1994); repealed (5.12.2004) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005.
E16
Previous affecting provision: procedure for registration of father under Births and Deaths Registration Act (Ireland) 1880 (43 & 44 Vict. c. 13), ss. 7 and 7A provided (14.06.1988) by Registration of Births Regulations 1988 (S.I. No. 123 of 1988) as amended (15.10.2002) by Registration of Births (Amendment) Regulations 2002 (S.I. No. 493 of 2002); repealed (5.12.2004) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005.
Construction and collective citation (Part IX).
50.—The Births and Deaths Registration Acts, 1863 to 1972, and this Part shall be construed together as one and may be cited together as the Births and Deaths Registration Acts, 1863 to 1987.
S.I. No. 215/1988 –
Blood Tests (Parentage) Regulations, 1988.
S.I. No. 215 of 1988.
BLOOD TESTS (PARENTAGE) REGULATIONS, 1988.
I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 41 of the Status of Children Act, 1987 (No. 26 of 1987), hereby make the following Regulations:
1 Preliminary
1. These Regulations may be cited as the Blood Tests (Parentage) Regulations, 1988.
2 ..
2. These Regulations shall come into operation on the 5th day of September, 1988.
3 ..
3. In these Regulations, unless the context otherwise requires—
“the Act” means the Status of Children Act, 1987 (No. 26 of 1987);
“court” means a court which gives a direction for the use of blood tests in pursuance of section 38 (1) of the Act;
“direction” means a direction for the use of blood tests given under section 38 (1) of the Act;
“direction form” means Form 1 in the Schedule to these Regulations;
“photograph”, in relation to a subject, means a recent photograph, taken of the full face of the subject without a hat, of the size required for insertion in a passport;
“proper officer of the court” means—
( a ) in relation to the District Court, the District Court Clerk for the District Court area in which that Court gave the direction,
( b ) in relation to the Circuit Court, the County Registrar for the county in which that Court gave the direction, and
( c ) in relation to the High Court, a registrar of that Court;
“report form” means Form 2 in the Schedule to these Regulations;
“sample” means blood taken for the purpose of tests;
“sampler” means a registered medical practitioner or a tester named in a direction form (whether originally or by another sampler) as the person to take blood samples for the purposes of the relevant direction;
“subject” means a person from whom a court directs that blood samples shall be taken;
“tester” means the person under whose control the parties to the proceedings concerned have agreed, or the court concerned has directed, that the tests concerned are to be carried out;
“tests” means any blood tests carried out under Part VII of the Act.
4 Person who cannot give consent to be accompanied
4. A subject to whom section 39 (3) of the Act applies and who attends a sampler for the purpose of the taking of a sample shall be accompanied by a person of full age who shall identify the subject to the sampler.
5 Taking of samples
5. (1) A sampler shall not take a sample from a subject if—
( a ) he has reason to believe that the subject has been transfused with blood within the period of 3 months immediately preceding the day on which the sample is to be taken,
( b ) in his opinion, tests on a sample taken from the subject on the day on which the sample is to be taken could not effectively be carried out for the purposes of and in accordance with the direction, or
( c ) in his opinion, the taking of a sample might have an adverse effect on the health of the subject.
(2) A sampler may take a sample from a subject who has been injected with a blood product or blood plasma if, in his opinion, the value of any tests done on the sample would not be thereby affected, but shall, if he is not the tester, inform the tester that the subject was so injected.
(3) Where arrangements are made for the taking of a sample and the sample is not taken, the sampler shall, unless other arrangements for the taking of the sample have been made, state in Part VIII of the direction form the reason for not having taken the sample and any reason given by the subject, or the person having charge of or control over the subject, for any failure to attend the sampler in accordance with those arrangements and shall return the form as soon as may be to the court.
(4) A subject attending a sampler for the purpose of the taking of a sample may be accompanied by his legal representative.
6 ..
6. (1) A sampler shall not take a sample unless—
( a ) Parts I and II of a direction form relating to the subject concerned have been completed, the said Part I purports to be signed by the proper officer of the court or by some officer acting on his behalf and, where appropriate, the said Part II purports to be signed by the sampler,
( b ) if the subject has attained the age of 12 months on or before the date on which the direction concerned was given, either a photograph of the subject is securely attached to Part III of the direction form or, accompanying the direction form, there is a certificate from a registered medical practitioner stating that the subject is suffering from a mental disorder and that a photograph of him cannot or should not be taken,
( c ) the sampler has completed and signed Part IV of the direction form,
( d ) the declaration in Section A or B, as may be appropriate, of Part V of the direction form and the declaration in Section C of the said Part V have been completed and signed by the subject or (if the subject is a person to whom section 39 (3) of the Act applies) by the person accompanying him in accordance with Regulation 4 of these Regulations and the signing of the said Section C has been done in the presence of the sampler and the sampler has also signed it,
( e ) in case the subject is of full age and is, in the opinion of the court, incapable of understanding the nature and purpose of blood tests, the sampler is in possession of a certificate from a registered medical practitioner stating that the taking of a blood sample from the subject will not be prejudicial to his proper care and treatment, and
( f ) either—
(i) the consent in Part VI of the direction form has been signed by the subject in the presence of the sampler and the sampler has also signed it, or
(ii) if the subject is a person to whom section 39 (3) of the Act applies—
(I) the consent in the said Part VI has been signed by the person having charge of or control over the subject in the presence of the sampler and the sampler has also signed it or
(II) if the subject is not accompanied by the person having charge of or control over him, when attending the sampler, the sampler is in possession of a document, purporting to be signed by that other person, stating that he consents to the sample being taken.
(2) A document referred to in paragraph (1) (f) (ii) (II) of this Regulation shall be affixed to the direction form concerned.
(3) Where a person whose consent to the taking of a sample is provided for by the Act does not give that consent, he may record in the said Part VI his reasons for withholding that consent.
(4) When a sampler has taken a sample, he shall place it in a suitable container and shall affix to the container a label on which are stated the full name and the age and sex of the subject from whom the sample was taken and the date on which the sample was taken; and the label shall be signed by the sampler and the subject or, if the subject is a person to whom section 39 (3) of the Act applies, by the person accompanying the subject when attending the sampler.
(5) A sampler who has taken a sample shall state in Part VII of the relevant direction form the fact that he has done so and the date of so doing and the name and age of, and the means by which he identified, the subject concerned and he shall sign the statement.
7 Dispatch of samples to tester
7. (1) When a sampler has taken a sample, he shall, if he is not himself the tester, forthwith send to the tester by such means as he considers appropriate (other than delivery by the subject or a person who has accompanied the subject when attending the sampler), the relevant direction form and the sample in its container.
(2) When more than one subject is specified in a direction form and the tester concerned takes samples from one or more but not all of the subjects so specified, he shall inform the tester concerned if he intends to take samples from any of the other subjects so specified and, if so, from whom and when.
8 Nomination of substitute sampler
8. Where a sampler who has been requested in a direction form, or nominated under this Regulation, to take a sample is unable to do so—
( a ) he may nominate another registered medical practitioner or the tester concerned to take the sample,
( b ) he shall state in Part II of the direction form that he is unable to take the sample and the name of the person nominated by him to do so and shall sign the statement, and
( c ) the person so nominated shall take the sample.
9 Testing of samples
9. All the samples taken for the purpose of giving effect to a direction shall (so far as is practicable) be tested by the same tester.
10 Report by tester
10. On the completion of tests pursuant to a direction, the tester concerned shall complete and forward to the court a report form and shall also forward to the court the appropriate direction forms.
11 Procedure where tests not made
11. If at any time it appears to a tester that he will be unable to carry out tests in accordance with a direction, he shall inform the court in writing of that fact and the reasons therefor and shall return the direction forms in his possession to the court.
Regulations 3, 6 and 10
SCHEDULE
FORM 1
Direction Form
STATUS OF CHILDREN ACT, 1987
…………………………………………………… …………………………………………………… ………………………………..
v.
…………………………………………………… …………………………………………………… …………………………………
Reference number of direction
…………………………………………………… ….
Full name and date of birth of subject (i.e. …………………………………………………… …..
person to be tested to …………………………………………………… ………………………………….
whom this form relates) …………………………………………………… ……………………………….
…………………………………………………… …………………………………………………… ……………….
Insert title of proceedings.
PART I
NOTIFICATION OF DIRECTION
The …………………………………………………… ………………………………………………….. (name and address of
court) on ……………………………………………. day of …………………………………………………… …….. 19
directed that blood tests be carried out in respect of the persons whose names are set out below for the purpose of ascertaining the parentage of …………………………………………………… …………….. (name of person whose parentage is in dispute) and that for that purpose blood samples be taken from the persons named below on or before the date specified in Part II of this form.
The name of the person whose consent is required to the taking of a sample where from ………… ………………………. (the subject) who is/*not of full age and, in the opinion of the court, is not in the circumstances capable of giving or refusing the necessary consent/*of full age and, in the opinion of the court, is incapable of understanding the nature and purpose of blood tests, is …………………………………………..
…………………………………………………… ……………….. (Signed)
(Proper Officer of the Court)
Name
Address
Age
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
This paragraph to be deleted where inappropriate.
*Delete as appropriate.
PART II
REQUEST TO SAMPLER TO TAKE SAMPLE
To …………………………………………………… …………………………………………………… ……………………………………….
…………………………………………………… …………………………………………….. (name and address of sampler).
You are hereby requested to take a blood sample from
…………………………………………………… …………………………………………………… ………… (the subject) on or
before the ………………………………………. day of …………………………………………………… …………. 19 .
You are further requested to send the sample taken to …………………………………………………… ……… (name and address of tester).
Other samples will be taken as follows:—
Name of person from whom sample will be taken
Name, address and telephone number of sampler
…………………………………………………… ………………
…………………………………………………… ……………………..
…………………………………………………… ………………
…………………………………………………… ……………………..
…………………………………………………… …(Signed)
(Proper Officer of the Court)
Being unable to comply with the request above, I have arranged for the taking of a blood sample form the said …………………………………………………… …………………………………………………… ……………………………………..
by …………………………………………………… …………………………………………………… ……………………………………….
of …………………………………………………… …………………………………………………… ………………………………………..
(telephone number …………………………………………………… .. ), being a registered medical practitioner/the tester
…………………………………………………(Signed)
(Sampler)
Delete if sampler is also tester.
To be completed where all the samples from the parties named in Part I are not to be taken by the same sampler.
To be completed where the sampler to whom the request is addressed is unable to take the sample.
PART III
PHOTOGRAPH
Below is a photograph of …………………………………………………… ………………………………………. (the subject) being a person who has attained the age of twelve months.
PART IV
(To be completed by sampler)
I have questioned *…………………………………………………… …………………………………………. and it appears that
he/she/ …………………………………………………… …………………………………………………… ………………. (the subject)
has/has not been tranfused with blood in the last three months; has not been injected with a blood product or plasma substitute has been injected with a blood product/blood plasma on or about …………………………………………………… ……. and that the value of any tests will/will not† be affected thereby.
…………………………………………………… ………………………………….(Signed)
(Sampler)
*Insert name of subject or, where the consent of another is required, of person acompaning the subject.
†Delete as appropriate.
PART V
DECLARATION
Section A.
(To be completed by the subject where the consent of another is not required)
I …………………………………………………… …………………………………………………… …………….. (insert full name and address of subject) declare that the photograph affixed to Part III of this form is a photograph of me and that I am a person in respect of whom the above-named court gave a direction that blood tests be made.
Section B.
(To be completed by the person accompanying the subject where the consent of another is required)
I …………………………………………………… …………………………………………………… ………. (full name and address of person accompanying the subject) declare that the person whom I identify
to …………………………………………………… …………………………………………………… …………………………………………
(insert name of sampler) [*and whose photograph is affixed to Part III of this form] is, to the best of my knowledge and belief …………………………………………………… ……… (insert full name and address of subject) who is a person in respect of whom the above named court gave a direction that blood tests be made.
Section C.
I understand that it is a serious offence punishable by imprisonment to personate another person for the purpose of providing a blood sample or to proffer another for that purpose.
Date ……………………………
…………………………………………………… …………………………………………. (Signed)
(Subject/Person accompanying subject, where consent of another required)
The above was explained to the declarant who stated that he/she understood it and signed it in my presence.
Date ……………………………
…………………………………………………… ……………………………(Signed)
(Sampler)
Complete either Section A or B of this part, as appropriate.
*Delete as appropriate.
Section C applies in all cases.
PART VI
CONSENT/REFUSAL OF CONSENT
I being the person [*having charge of and control over the subject] to whom this form relates, consent/do not consent* to the taking of a sample.
†I do not consent because …………………………………………………… …………………………………………………… ……….
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
Date ……………………………
…………………………………………………… ……………………………….(Signed)
(Subject/Person having charge of and control over the subject)
The above was explained to the declarant who stated that he/she understood it and signed it in my presence.
Date…………………………….
…………………………………………………… ………………………………..(Signed)
(Sampler)
*Delete as appropriate.
†To be completed where the person making the declaration withholds consent and wishes to record the reason for so doing.
PART VII
(To be completed by sampler)
I have today taken a blood sample from …………………………………………………… ………………………………….
(the subject) whose [apparent] age is ………………………………….. years. [I identified him/her from the photograph affixed to this form.]
[He/She was [also] identified to me by …………………………………………………… …………………………………..]
Date ………………………………………….
…………………………………………………… ….. (Signed)
(Sampler)
OBSERVATIONS
(Any observations by the sampler which may assist the tester shall be inserted here)
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
Delete as appropriate.
PART VIII
(To be completed by sampler)
The subject did not attend for the taking of a blood sample on the date arranged originally [or arranged subsequently by me].
Date ……………………………………….
…………………………………………………… ……………… (Signed)
(Sampler)
Delete if inappropriate.
To be completed by sampler where subject has not attended for sampling on or before date specified in Part II.
PART IX
(To be completed by tester)
I have today received at …………………………………………………… …………………………………………………… …………..
(insert place of receipt) the sample referred to in Part VII of this form.
Date …………………………………………………… ……
…………………………………………………… . (Signed)
(Tester)
FORM 2
Report Form
STATUS OF CHILDREN ACT, 1987
Reference number of Proceedings …………………………………………………… …………………………………………..
To:— …………………………………………………… …………………………………………………… …………………………….
…………………………………………………… …………………………………………………… …………………………………..
…………………………………………………… …………………………………………………… …………………………………..
…………………………………………………… …………………………………………………… …………………………………..
…………………………………………………… …………………………………………………… ………………………….
v
…………………………………………………… …………………………………………………… ………………………….
Insert name of proper officer of court and address of court.
Insert title of proceedings.
PART I
I…………………………………………………… …………………………………………………… …………………………………………
being a blood tester under whose control the parties to the parties to the above proceedings agreed, or the above court directed, that blood tests should be carried out under Part VII of the Status of Children Act, 1987 , certify that I have carried out/have had carried out under my supervision tests (the details of which are given in Part II of this Report) of blood samples taken from the persons named in the direction given by the Court, viz.:
…………………………………………………… …………………………………………………… …………………………………………..
…………………………………………………… …………………………………………………… …………………………………………..
…………………………………………………… …………………………………………………… …………………………………………..
From the results obtained, …………………………………………………… …………………………………………………… .
is excluded/is not excluded from possible parentage of …………………………………………………… …………
Reasons for conclusion:—. …………………………………………………… ………………………………………………
…………………………………………………… …………………………………………………… …………………………………………..
…………………………………………………… …………………………………………………… …………………………………………..
Comments on value, if any, of tests in determining whether any person is the parent of the person whose parentage is in dispute:
…………………………………………………… …………………………………………………… …………………………………………..
…………………………………………………… …………………………………………………… …………………………………………..
…………………………………………………… …………………………………………………… …………………………………………..
…………………………………………………… ….. Signed
(Tester)
…………………………………………………… …..Status
…………………………………………………… .. Address
…………………………………………………… ..
PART II
Report of the tests
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… …………………………………………….
GIVEN under my Official Seal, this 29th day of August, 1988.
GERARD COLLINS,
Minister for Justice.
EXPLANATORY NOTE.
These Regulations, which take effect from 5 September 1988, set out the procedure to be followed and the forms to be used where a court gives a direction under Part VII of the Status of Children Act, 1987 , for the use of blood tests in determining parentage in civil proceedings.
LEGITIMACY ACT 1931
REVISED
Updated to 28 May 2019
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Births and Deaths Registration Acts 1863 to 1996: this Act is one of a group of Acts previously included in this collective citation, to be construed together as one (Registration of Births Act 1996 (36/1996), s. 7(2)). The provisions of this Act included in the collective citation (s. 1(4) and the schedule) were repealed (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005, subject to transitional provisions in s. 5.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)
• Adoption Act 2010 (21/2010)
• Civil Liability and Courts Act 2004 (31/2004)
• Civil Registration Act 2004 (3/2004)
• Births and Deaths Registration Acts 1863 to 1996
• Registration of Births Act 1996 (36/1996)
• Status of Children Act 1987 (26/1987)
• Courts Act 1971 (36/1971)
• Adoption Act 1952 (25/1952)
All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Registration of Births (Amendment) Regulations 2002 (S.I. No. 493 of 2002)
• Registration of Births Regulations 1988 (S.I. No. 123 of 1988)
All statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this revision.
Number 13 of 1931.
LEGITIMACY ACT 1931.
REVISED
LEGITIMACY ACT 1931.
REVISED
Updated to 28 May 2019
AN ACT TO AMEND THE LAW RELATING TO CHILDREN BORN OUT OF WEDLOCK. [19th May, 1931.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
Annotations
Modifications (not altering text):
C1
Application of Act restricted and confirmed (1.11.2010) by Adoption Act 2010 (21/2010), s. 59(1), S.I. No. 511 of 2010.
Subsequent marriage of birth parents.
59. —(1) Subject to subsection (2)—
(a) the validity of an adoption order in relation to a child born of parents not married to each other and the provisions of this Act in regard to the effects of the order are not affected by the subsequent marriage of the child’s birth parents, and
(b) the Legitimacy Act 1931 does not apply to the child unless the order is set aside.
(2) Subsection (1) does not apply where the child has been adopted by one of his or her birth parents and their subsequent marriage to each other would, apart from that subsection, legitimate the child.
(3) In that case, the Legitimacy Act 1931 applies and the adoption order ceases to be in force.
…
Editorial Notes:
E1
Social Welfare (Miscellaneous Provisions) Act 2002 (8/2002), s. 16 and schedule, part 6 provide for an amendment to Registration of Births Act 1996 (36/1996), s. 1(4), (4A) to allow for a change of surname, where jointly agreed by the parents, of children whose births are being re-registered under the Registration of Births and Deaths Acts 1863 to 1996 or the Legitimacy Act 1931. These subsections remain in force despite repeal of the rest of the 1996 Act. The Registration of Births Regulations 1988 (S.I. No. 123 of 1988) as amended (15.10.2002) by Registration of Births (Amendment) Regulations 2002 (S.I. No. 493 of 2002) give further effect to these provisions.
E2
Previous affecting provision: Act previously included in collectively cited Births and Deaths Registration Acts 1863 to 1996 (1.10.1997) by Registration of Births Act 1996 (36/1996), s. 7(2), S.I. No. 45 of 1997; the provisions included in the collective citation (s. 1(4) and the schedule) were repealed (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005, subject to transitional provisions in s. 5.
E3
Previous affecting provision: application of Act restricted and confirmed (1.01.1953) by Adoption Act 1952 (25/1952), s. 29(1); repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7 and sch. 1 part 1, S.I. No. 511 of 2010.
Legitimation by subsequent marriage of parents.
1.—(1) Subject to the provisions of this section where the parents of an illegitimate person marry or have married one another, whether before or after the commencement of this Act, the marriage shall, if the father of the illegitimate person was or is at the date of the marriage domiciled in Saorstát Eireann, render that person, if living, legitimate from the commencement of this Act, or from the date of the marriage, whichever is the later.
(2) F1[…]
(3) F2[…]
(4) F3[…]
Annotations
Amendments:
F1
Repealed (14.06.1988) by Status of Children Act 1987 (26/1987), s. 7(1), commenced as per s. 1(2)(b).
F2
Repealed (14.06.1988) by Status of Children Act 1987 (26/1987), s. 32(f), commenced as per s. 1(2)(b).
F3
Repealed (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005, subject to transitional provisions in s. 5.
Modifications (not altering text):
C2
Application of Act modified (14.06.1988) by Status of Children Act 1987 (26/1987) s. 7(2), commenced as per s. 1(2). “this Part” referred to below commenced on 14.06.1988.
Amendment of the Act of 1931
7.— …
(2) In the case of a person to whom this section relates, the Act of 1931 shall have effect as if for the references in sections 1(1) and 5 of that Act to the commencement of that Act there were substituted a reference to the commencement of this Part.
Editorial Notes:
E4
Previous affecting provision: application of subs. (4) restricted (1.10.1997) by Registration of Births Act 1996 (36/1996) s. 1(6), S.I. No. 45 of 1997, subject to transitional provision in s. 1(7).
Declarations of legitimacy of legitimated persons.
2.—(1) A person claiming that he is or that any of his parents or remoter ancestors is or was a legitimated person may, whether he is or is not domiciled in Saorstát Eireann and whether he is or is not a natural-born British subject within the meaning of the Legitimacy Declaration Act (Ireland), 1868, institute proceedings under that Act, and that Act shall apply accordingly.
F4[(1A) A person claiming that a child of his is or was a legitimated person may, whether the child is or is not domiciled in the State and whether the child is or is not a natural-born British subject within the meaning of the Legitimacy Declaration Act (Ireland), 1868, institute proceedings under that Act praying for a decree that the child is the legitimate child of his parents, and that Act shall apply accordingly.
(1B) Proceedings instituted by virtue of this section shall be heard in chambers.]
(2) The Circuit Court shall have and may exercise jurisdiction in proceedings instituted by virtue of this section under the Legitimacy Declaration Act (Ireland), 1868, and section 25 and the provisoes to section 48 of the Courts of Justice Act, 1924 (No. 10 of 1924), shall apply in respect of all such proceedings.
(3) The jurisdiction conferred by this section on the Circuit Court shall be exercised by the Judge of that Court for the time being assigned to the Circuit in which the person instituting the proceedings is residing or, where such person does not reside in Saorstát Eireann, to the Circuit which includes the City of Dublin.
Annotations
Amendments:
F4
Inserted (15.12.1971) by Courts Act 1971 (36/1971), s. 20, commenced on enactment.
Modifications (not altering text):
C3
Application of subs. (1B) restricted (31.03.2005) by Civil Liability and Courts Act 2004 (31/1004), s. 40, S.I. No. 544 of 2004 as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 31, S.I. No. 274 of 2008; and as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 4(b), S.I. No. 334 of 2014.
Subs. (1B) included in definition of “relevant enactment” by Civil Liability and Courts Act 2004 (31/2004), s. 39 as inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 4(b), S.I. No. 5 of 2014, for purposes of s. 40 which regulates the operation of the in camera rule in family law cases.
Proceedings heard otherwise than in public.
40.—(1) In this section “court” includes the Master of the High Court.
…
(3) Nothing contained in a relevant enactment shall operate to prohibit—
(a) the preparation by a barrister at law or a solicitor or a person falling within any other class of persons specified in regulations made by the Minister and publication of a report of proceedings to which the relevant enactment relates, or
(b) the publication of the decision of the court in such proceedings,
in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing [such a report—
(i) attend the proceedings, and
(ii) have access to any relevant documents,
subject to any directions the court may give in that behalf.]
(4) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from supplying copies of, or extracts from, orders made in the proceedings to such persons and in accordance with such conditions (if any) as may be prescribed by order of the Minister.
(5) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from being accompanied, in such proceedings, in court by another person subject to the approval of the court and any directions it may give in that behalf.
(6) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the production of a document prepared for the purposes or in contemplation of such proceedings or given in evidence in such proceedings, to—
(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or
(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.
(7) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the giving of information or evidence given in such proceedings to—
(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or
(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.
(8) A court hearing proceedings under a relevant enactment shall, on its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third parties if such disclosure is required to protect the legitimate interests of a party or other person affected by the proceedings.
(9) A hearing, inquiry or investigation referred to in subsection (6) or (7) shall, in so far as it relates to a document referred to in subsection (6) or information or evidence referred to in subsection (7), be conducted otherwise than in public and no such document, information or evidence shall be published.
(10) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.
[(11) In subsection (3), ‘relevant documents’, in relation to any proceedings referred to in that subsection—
(a) subject to paragraph (b), means—
(i) the petition, summons or other originating document in the proceedings,
(ii) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings, and
(iii) any order made by the court in the proceedings,
(b) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect.]
Editorial Notes:
E5
Courts of Justice Act 1924 (10/1924), s. 48 mentioned in subs. (2) was repealed (29.09.1961) by Courts (Supplemental Provisions) Act 1961 (39/1961), s. 3 and first sch., commenced as per s. 1(2) and S.I. No. 217 of 1961.
Rights of legitimated persons, etc., to take interest in property.
3.—(1) Subject to the provisions of this Act, a legitimated person and his spouse, children or more remote issue shall be entitled to take any interest:—
(a) in the estate of an intestate dying after the date of legitimation;
(b) under any disposition coming into operation after the date of legitimation;
(c) by descent under an estate in tail created after the date of legitimation;
in like manner as if the legitimated person had been born legitimate.
(2) Where the right to any property, real or personal, depends on the relative seniority of the children of any person, and those children include one or more legitimated persons, the legitimated person or persons shall rank as if he or they had been born on the day when he or they became legitimated by virtue of this Act, and if more than one such legitimated person became legitimated at the same time, they shall rank as between themselves in order of seniority.
(3) Where property real or personal or any interest therein is limited in such a way that, if this Act had not been passed, it would (subject or not to any preceding limitations or charges) have devolved (as nearly as the law permits) along with a dignity or title of honour, then nothing in this Act shall operate to sever the property or any interest therein from such dignity or title of honour, but the same shall go and devolve (without prejudice to the preceding limitations or charges aforesaid) in like manner as if this Act had not been passed. This sub-section applies, whether or not there is any express reference to the dignity or title of honour, and notwithstanding that in some events the property or some interest therein may become severed therefrom.
(4) This section applies only if and so far as a contrary intention is not expressed in the disposition, and shall have effect subject to the terms of the disposition and to the provisions therein contained.
Annotations
Modifications (not altering text):
C4
Application of Act restricted (14.06.1988) by Status of Children Act 1987 (26/1987) s. 27(2), commenced as per s. 1(2).
Construction of dispositions, etc.
27.— …
(2) The following provisions of section 3 of the Legitimacy Act, 1931, namely—
(a) subsection (1) (b) (which relates to the effect of dispositions where a person has been legitimated),
(b) subsection (1) (c) (which relates to the effect of legitimation on entailed estates), and
(c) subsection (2) (which provides that, where the right to any property depends on the relative seniority of the children of any person, legitimated persons shall rank as if born on the date of legitimation),
shall not apply—
(i) in the case of the said subsection (1) (b), to a disposition made after the commencement of this Part,
(ii) in the case of the said subsection (1) (c), in relation toany entitlement under an entailed estate created by a disposition made after the commencement of this Part, and
(iii) in the case of the said subsection (2), in relation to any right conferred by a disposition made after the commencement of this Part,
except as respects any interest in relation to which the disposition refers only to persons who are, or whose relationship is deduced through, legitimate persons.
…
Succession on intestacy of legitimated persons and their issue.
4.—Where a legitimated person or a child or remoter issue of a legitimated person dies intestate in respect of all or any of his real or personal property, the same persons shall be entitled to take the same interests therein as they would have been entitled to take if the legitimated person had been born legitimate.
Application to illegitimate persons dying before marriage of parents.
5.—Where an illegitimate person dies after the commencement of this Act and before the marriage of his parents leaving any spouse, children or remoter issue living at the date of such marriage, then, if that person would, if living at the time of the marriage of his parents, have become a legitimated person, the provisions of this Act with respect to the taking of interests in property by, or in succession to, the spouse, children and remoter issue of a legitimated person (including those relating to the rate of death duties) shall apply as if such person as aforesaid had been a legitimated person, and the date of the marriage of his parents had been the date of legitimation.
Annotations
Modifications (not altering text):
C5
Application of Act modified (14.06.1988) by Status of Children Act 1987 (26/1987), s. 7(2), commenced as per s. 1(2). “This Part” referred to below commenced on 14.06.1988.
Amendment of section 1 of the Act of 1931.
7.— …
(2) In the case of a person to whom this section relates, the Act of 1931 shall have effect as if for the references in sections 1(1) and 5 of that Act to the commencement of that Act there were substituted a reference to the commencement of this Part.
Personal rights and obligations of legitimated persons.
6.—A legitimated person shall have the same rights and shall be under the same obligations in respect of the maintenance and support of himself or of any other person as if he had been born legitimate, and subject to the provisions of this Act, the provisions of any Act relating to claims for damages, compensation, allowance, benefit or otherwise by or in respect of a legitimate child shall apply in like manner in the case of a legitimated person.
Death duties.
7.—Where a legitimated person or any relative of a legitimated person takes any interest in real or personal property, any succession, legacy or other duty which becomes leviable after the date of legitimation shall be payable at the same rate as if the legitimated person had been born legitimate.
Provisions as to persons legitimated by extraneous law.
8.—(1) Where the parents of an illegitimate person marry or have married one another, whether before or after the commencement of this Act, and the father of the illegitimate person was or is at the time of the marriage domiciled in a country other than Saorstát Eireann by the law of which the illegitimate person became legitimated by virtue of such subsequent marriage, that person, if living, shall in Saorstát Eireann be recognised as having been so legitimated from the commencement of this Act or from the date of the marriage, whichever last happens, notwithstanding that his father was not at the time of the birth of such person domiciled in a country in which legitimation by subsequent marriage was permitted by law.
(2) All the provisions of this Act relating to legitimated persons and to the taking of interests in property by or in succession to a legitimated person and the spouse, children and remoter issue of a legitimated person (including those relating to the rate of death duties) shall apply in the case of a person recognised as having been legitimated under this section, or who would, had he survived the marriage of his parents, have been so recognised; and accordingly, this Act shall have effect as if reference therein to a legitimated person included a person so recognised as having been legitimated.
Right of illegitimate child and mother of illegitimate child to succeed on intestacy of the other.
9.—F5[…]
Annotations
Amendments:
F5
Repealed (14.06.1988) by Status of Children Act 1987 (26/1987), s. 32(f), commenced as per s. 1(2). .
Saving.
10.—(1) Nothing in this Act shall affect the succession to any dignity or title of honour or render any person capable of succeeding to or transmitting a right to succeed to any such dignity or title.
(2) Nothing in this Act shall affect the operation or construction of any disposition coming into operation before the commencement of this Act, or affect any rights under the intestacy of a person dying before the commencement of this Act.
Interpretation.
11.—For the purposes of this Act, unless the context otherwise requires:—
the expression “legitimated person” means a person legitimated by this Act;
the expression “date of legitimation” means the date of the marriage leading to the legitimation, or where the marriage occurred before the commencement of this Act, the commencement of this Act;
the expression “disposition” means an assurance of any interest in property by any instrument whether inter vivos or by will.
Short title.
12.—(1) This Act may be cited as the Legitimacy Act, 1931.
(2) This Act shall come into operation on the first day of July, 1931.
SCHEDULE.
Registration of Births of Legitimated Persons.
F6[…]
Annotations
Amendments:
F6
Repealed (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005, subject to transitional provisions is s. 5.
District Court Rules
Custody and Guardianship of Children
: S.I. No. 434 of 2020
Declaration of Parentage
Definition
1. In this Order-
“the 1964 Act” means the Guardianship of Infants Act 1964 (No. 7 of 1964);
“the 1987 Act” means the Status of Children Act 1987 (No. 26 of 1987);
“the 1997 Act” means the Children Act 1997 (No. 40 of 1997);
“the 2015 Act” means the Children and Family Relationships Act 2015 (No. 9 of 2015);
“child” means a person who has not attained full age;
“intending parent” has the meaning assigned to it in section 20 of the 2015 Act.
Venue
2. (1) Proceedings under the 1964 Act may be brought, heard or determined at any sitting of the Court for the court area where any party to the proceedings resides or carries on any profession, business or occupation.
(2) Where, however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a notice of application or a summons that the proceedings are urgent, the said notice or summons may, subject to the provisions of rule 9, be issued for, and the proceedings may be heard and determined at any sitting of the Court in that district.
(3) Proceedings under section 21 of the 2015 Act may be brought, heard or determined at any sitting of the Court for the court area in which an applicant ordinarily resides or carries on any profession, business or occupation, or where no applicant under that section ordinarily resides or carries on any profession, business or occupation in the State, at any sitting of the Court for the Dublin Metropolitan District.
Hearing to be otherwise than in public
3. Proceedings under the 1964 Act and proceedings under section 21 of the 2015 Act concerning a child under the age of 18 years shall be heard otherwise than in public and only the officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.
Guardianship applications and Court orders
4. (1) An application to the Court under section 6A (as inserted by the 1987 Act and as substituted by section 48 of the 2015 Act) of the 1964 Act by a person who, being a parent of a child, is not a guardian of the child, for an order appointing the person as guardian of the child shall be preceded by the completion by the applicant of a notice in the Form 58.1 Schedule C. The notice shall be served upon the other parent and upon any other guardian of the child. The order of the Court granting such application shall be in the Form 58.2 Schedule C.
(2) An application to the Court under section 6C (as inserted by section 49 of the 2015 Act) of the 1964 Act by a person who, not being a parent of a child, is eligible under section 6C(2) of the 1964 Act to make such application for an order appointing the person as a guardian of the child shall be preceded by the completion by the applicant of a notice in the Form 58.30 Schedule C. The notice shall be served upon each person who is a parent or guardian of the child concerned. In the case of an application by a person to whom section 6C(2)(b) of the 1964 Act applies, the notice shall be served upon the Child and Family Agency. The order of the Court granting such application shall be in the Form 58.31 Schedule C and shall specify whether and if so, to what extent, the applicant shall enjoy the rights and responsibilities of a guardian specified in section 6C(11) of the 1964 Act.
(3) A nomination under section 6E(1) (as inserted by section 49 of the 2015 Act) of the 1964 Act by a qualifying guardian shall be in the Form 58.32 Schedule C and shall be signed and dated by the qualifying guardian concerned in the presence of a witness who is not the nominated person. An application to the Court under section 6E(3) (as inserted by section 49 of the 2015 Act) of the 1964 Act by a qualifying guardian or nominated person for an order under section 6E(5) of the 1964 Act appointing the person as a guardian of the child shall be preceded by the completion by the applicant of a notice in the Form 58.33 Schedule C. The original notice shall be lodged with the Clerk with the original nomination or a true copy annexed and a copy of the notice and annexed nomination shall be served upon each person mentioned in section 6E(4) of the 1964 Act. The order of the Court granting such application shall be in the Form 58.34 Schedule C and shall specify any limitations or conditions imposed in accordance with section 6E(6) of the 1964 Act. Where the Court imposes a condition pursuant to section 6E(6)(b) of the 1964 Act relating to the periodic review by the Court of the appointment of a person as temporary guardian, it may make such directions, including as to the listing of the matter before the Court and as to the giving of notice of such hearing as it considers necessary.
(4) An application to the Court under section 6E(9) (as inserted by section 49 of the 2015 Act) of the 1964 Act by a temporary guardian or the qualifying guardian concerned for an order under section 6E(11) of the 1964 Act shall be preceded by the completion by the applicant of a notice in the Form 58.35 Schedule C. Such notice shall be served upon each person mentioned in section 6E(10) of the 1964 Act. The order of the Court granting such application shall be in the Form 58.36 Schedule C and shall, where an order is made under 6E(11)(c) of the 1964 Act, specify any rights and responsibilities of guardianship which the qualifying guardian shall have. Where the Court imposes a condition pursuant to section 6E(12)(b) of the 1964 Act relating to the periodic review by the Court of the order, it may make such directions, including as to the listing of the matter before the Court and as to the giving of notice of such hearing as it considers necessary.
(5) An application to the Court under section 6F(1) (as inserted by section 49 of the 2015 Act) of the 1964 Act by a person mentioned in section 6F(2) of the 1964 Act for a declaration that a person named in the application is or is not a guardian, by virtue of the circumstances set out in section 2(4A) or 6B(3) of the 1964 Act, of a child named in the application (the “child concerned”) shall be preceded by the completion by the applicant of a notice in the Form 58.37 Schedule C. Such notice shall be served upon each person mentioned in section 6F(3) of the 1964 Act and upon any other person directed by the Court to be given notice of the application. The order of the Court granting such application shall be in the Form 58.38 Schedule C.
(6) An application under section 7(4) of the 1964 Act (as substituted by section 50 of the 2015 Act) shall be preceded by the issue and service of a notice in the Form 58.3 Schedule C upon the surviving guardian or testamentary guardian of the child, as the case may be. The order of the Court on hearing the application shall be in the Form 58.4 or 58.6 Schedule C, as appropriate.
(7) An application to appoint a guardian or guardians under section 8(1) of the 1964 Act shall be made ex parte in the first instance subject to the prior lodgement with the Clerk of a notice in the Form 58.7 Schedule C. The order of the Court thereon shall be in the Form 58.8 Schedule C.
(8) An application to appoint a guardian or guardians under section 8(2) of the 1964 Act shall be made ex parte if made by the surviving parent, subject to the prior lodgement with the Clerk of a notice in the Form 58.9, Schedule C, and in any other case it shall be preceded by the issue and service of a notice in the Form 58.9 Schedule C upon that parent. The order of the Court thereon shall be in the Form 58.10 Schedule C.
(9) An application to the Court to remove from office a guardian mentioned in section 8(4) of the 1964 Act (substituted by section 51 of the 2015 Act) and to appoint another guardian in his or her place under section 8(5) of the 1964 Act shall be preceded by the issue and service of a notice in the Form 58.11 Schedule C upon each guardian of the child. The order of the Court thereon shall be in the Form 58.13 Schedule C.
(10) An application to appoint a guardian in place of a deceased guardian, under section 8(5) of the 1964 Act, may be made ex parte where the child has no guardian or where the applicant is the only guardian, subject to the prior lodgement with the Clerk of a notice in the Form 58.12 Schedule C, and in any other case it shall be preceded by the issue and service of the said notice upon each guardian of the child. The order of the Court thereon shall be in the Form 58.14 Schedule C.
(11) An application to the Court to remove from office a guardian mentioned in section 8(6) of the 1964 Act (inserted by section 51 of the 2015 Act) shall be preceded by the issue and service of a notice in the Form 58.39 Schedule C upon each guardian of the child. The order of the Court thereon shall be in the Form 58.40 Schedule C.
Statement of arrangements
4A. In any application:
(i) under rule 4, concerning the guardianship of a child,
(ii) under rule 5, seeking a direction under section 11 or an order under section 11B or 11E of the 1964 Act concerning or affecting a child, or
(iii) under rule 8A, seeking a declaration under section 21 of the 2015 Act, where the child to whom the application relates is under the age of 18 years,
the applicant shall complete and annex to the notice of application a statement of arrangements in the Form 58.49, Schedule C concerning each child to whom the application relates, including both factual information concerning the child and the applicant’s proposals in relation to the application. The applicant shall attach two copies of the applicant’s statement of arrangements to the copy notice of application served on each respondent. Where a respondent agrees the applicant’s statement of arrangements (including the proposals), the respondent shall signify his or her agreement on one copy of the statement and return that copy to the applicant (or applicant’s solicitor). Any respondent who intends to contest the application shall set out the matters in dispute and/or that respondent’s proposals in relation to the application on one copy of the statement and return that copy to the applicant (or applicant’s solicitor). The applicant shall not later than four days before the date fixed for the hearing of the application file with the Clerk a copy of the statement of arrangements as completed by the applicant and any respondent.
Application seeking Court’s direction
5. (1) Where the Court’s direction is sought under section 11 of the 1964 Act, the application shall be preceded by the issue and service of a notice in the Form 58.17 Schedule C upon each other person who is a parent or guardian of the child concerned. The order of the Court thereon shall be in the Form 58.18 Schedule C.
(2) An application to the Court under section 11B of the 1964 Act for an order giving a relative of a child or a person with whom the child resides or has formerly resided access to the child shall be preceded by the issue and service of a notice in the Form 58.19 Schedule C upon each of the guardians of the child. The order of the Court thereon shall be in the Form 58.20 Schedule C.
(3) An application to the Court under section 11E of the 1964 Act (inserted by section 57 of the 2015 Act) for an order giving a person mentioned in section 11E(1) of the 1964 Act custody of a child shall be preceded by the issue and service of a notice in the Form 58.41 Schedule C upon each of the guardians of the child. The order of the Court thereon shall be in the Form 58.42 Schedule C.
(4) In any application to which this rule applies, the provisions of rule 4A shall apply mutatis mutandis.
Application to vary/discharge
6. An application under section 12 of the 1964 Act for an order varying or discharging a previous order shall be preceded by the issue and service of a notice in the Form 58.21 Schedule C upon each of the other guardians or each of the guardians of the child as the case may be. The order of the Court thereon shall be in the Form 58.22 Schedule C.
Application for production of child
7. An application under Part III of the 1964 Act for an order for the production of a child shall be preceded by the issue and service of a notice in the Form 58.23 Schedule C upon the person having custody of the child. The order of the Court thereon shall be in the Form 58.24 Schedule C which shall be served upon the said person. The order of the Court under Part III of the Act shall be in the Form 58.25, 58.26 or 58.27 Schedule C, as appropriate.
Enforcement order or –complaint of non-compliance
8. (1) An application to the Court under section 18A(1) of the 1964 Act (inserted by section 60 of the 2015 Act) for an enforcement order shall be preceded by the issue and service of a notice in the Form 58.43 Schedule C upon each guardian and parent of the child concerned. An enforcement order of the Court shall be in the Form 58.44 Schedule C.
(2) An application under section 18C(1) of the 1964 Act (inserted by section 60 of the 2015 Act) for an order varying or terminating an enforcement order or any part of that order shall be preceded by the issue and service of a notice in the Form 58.45 Schedule C upon each of the persons on whom the application for the enforcement order was served. The order of the Court thereon shall be in the Form 58.46 Schedule C.
(3) An application to the Court under section 18D(1) of the 1964 Act (inserted by section 60 of the 2015 Act) by a parent or guardian of the child for an order requiring another guardian or parent to reimburse expenses incurred shall be preceded by the issue and service of a notice in the Form 58.47 Schedule C upon the respondent guardian or parent of the child concerned. An enforcement order of the Court shall be in the Form 58.48 Schedule C.
(4) Where complaint is made to a Judge alleging an offence of failure or refusal under section 5 of the Courts (No. 2) Act 1986 , to comply with the requirements of a direction given in an order under section 7 of the 1964 Act, section 11 of the 1964 Act, or section 11B (inserted by the 1997 Act) of the 1964 Act, the summons which may be issued and served upon the person against whom the offence is alleged shall be in the Form 58.28 or 58.29 Schedule C, as appropriate. The relevant provisions of Order 15 shall apply in such case.
Application for declaration of parentage: DAHR
8A. (1) An application to the Court under section 21 of the 2015 Act for a declaration of parentage shall be preceded by the issue by the applicants of a notice in the Form 58.54, Schedule C.
(2) The child, including an adult child, to whom an application for a declaration under section 21 of the 2015 Act relates shall be named as a respondent to the application.
(3) The application shall be grounded on an affidavit sworn by each applicant, and where necessary other affidavit evidence in support of the application, which shall:
(i) include, and verify, the facts grounding the statement that the child to whom the application relates is a child to whom section 20 of the 2015 Act applies, and in particular in a case to which section 20(1)(b)(ii) of the 2015 Act applies, verify that the person who performed the DAHR procedure outside the State was authorised to do so under the law of the place where the procedure was performed and the law providing for such authorisation;
(ii) include, and verify, the facts grounding the statement that the applicant referred to in section 21(2)(b) of the 2015 Act was, at the time referred to in section 20 (1)(c) of the 2015 Act, the intending parent of the child, and
(iii) in the case of the applicant referred to in section 21(2)(b) of the 2015 Act, confirm that he or she consents to the making of a declaration under section 21 of the 2015 Act.
(4) True copies of the notice, affidavits and any exhibits thereto shall be served on each respondent not later than 14 days before the date fixed for the hearing.
(5) The original notice, affidavits and any exhibits thereto not served by the Clerk, shall be lodged, together with a statutory declaration as to service, with the Clerk not later than seven days before the date fixed for the hearing.
(6) On the date fixed for the hearing of the application, the Court may, if it does not determine the application, adjourn the application and, of its own motion:
(i) direct that all necessary papers in the matter be sent to the Attorney General in accordance with section 21(5) of the 2015 Act (without prejudice to the power of the Court to do so at any other time);
(ii) where so requested by the Attorney General, order that the Attorney General be added as a party to the proceedings in accordance with section 21(6) of the 2015 Act;
(iii) direct that such other person as the Court thinks fit be given notice of the application in accordance with section 21(7) of the 2015 Act;
(iv) where notice has been given to such person in accordance with section 21(7) of the 2015 Act, order that such other person as the Court thinks fit be added as a party to the proceedings;
(v) give such further directions as it considers appropriate for the conduct of the proceedings on the application and the hearing thereof, including but not limited to the provision of further particulars or information, and any other matter to which Part 2 of the 2015 Act relates.
(7) An application by a party under section 21(5) of the 2015 Act (for a direction that all necessary papers in the matter be sent to the Attorney General) or under section 21(7) of the 2015 Act (for an order that a person be added as a party to the proceedings) may be made by notice of motion (which may be made returnable to the date fixed for the hearing of the application or to any date to which same has been adjourned). Unless the Court otherwise permits, the notice of motion shall be served on all other parties to the proceedings at least seven days before the date fixed for the hearing of the motion.
(8) Service of notices or other documents in proceedings under this rule shall be effected by a means permitted by section 42 of the 2015 Act.
(9) Any declaration made under section 21 of the 2015 Act shall be in the Form 58.55, Schedule C, or such modification thereof as may be appropriate.
Service and lodgment of documents
9. (1) A notice or court order required by this Order to be served shall be accompanied in the case of a notice of proceedings under:
(i) section 6A (as inserted by section 12 of the 1987 Act and as substituted by section 48 of the 2015 Act) of the 1964 Act;
(ii) section 11 of the 1964 Act, or
(iii) section 11B (inserted by section 9 of the 1987 Act) of the 1964 Act,
in which a solicitor is acting for the applicant, by a statutory declaration of the solicitor indicating, if it be the case, that the solicitor has complied with subsection (2) of section 20 of the 1964 Act (as inserted by section 11 of the 1997 Act and as amended by section 24 of the Mediation Act 2017 ) in relation to the matter, and may be served upon the person to whom it is directed in accordance with the provisions of Order 41 at least 14 days or, in the case of proceedings certified as urgent under rule 2(2), at least two days, before the date of the sitting of the Court to which it is returnable.
(2) Save where service has been affected by the Clerk, the original of every such notice or order served shall, accompanied, in appropriate cases, by a copy of the statutory declaration described in rule 9(1), together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.
Clerk to supply copies of orders
10. Where the Court makes an order under the 1964 Act or a declaration under section 21 of the 2015 Act, the Clerk shall give, or send by ordinary post, a copy of such order or declaration to each person in whose favour or against whom the order or declaration was made.
Proof of age
11. The age of a child may be proved by producing a certified extract from the Register of Births showing the date of the child’s birth or by such other evidence as the Court considers sufficient.
Court may direct service
12. In any proceedings under the 1964 Act the Court may direct the service of notice upon any person not already served.
Effect of appeal from orders
13. Notwithstanding the provisions of Order 25, rule 4 and Order 101 and that an appellant has entered into a recognizance for appeal, an appeal from an order made under the 1964 Act shall stay the operation of the order only if, and to such extent and upon such terms (if any), as the Court shall determine.
Report/ascertaining the views of the child
14. (1) An application to the Court by a party to make an order:
(i) under section 32(1)(a) or section 32(1)(b) of the 1964 Act, or
(ii) under section 47 of the Family Law Act 1995
may be included in writing in the summons, or made at the hearing.
(2) The Court may exercise the power of its own motion to make an order:
(i) in proceedings to which section 3(1)(a) of the 1964 Act applies, under section 32(1)(a) or section 32(1)(b) of the 1964 Act, or
(ii) under section 47 of the Family Law Act 1995
at any time and from time to time during the proceedings, having heard the parties.
(3) An application to the Court by a party to make an order:
(i) under section 12A(4) of the 1964 Act (inserted by the 2015 Act), or
(ii) under section 20 of the Child Care Act 1991
may be included in writing in the summons, or made at the hearing.
(4) The Court may exercise the power of its own motion to make an order:
(i) under section 12A(4) of the 1964 Act (inserted by the 2015 Act), or
(ii) under section 20 of the Child Care Act 1991
at any time and from time to time during the proceedings, having heard the parties.
(5) Where the Court grants an application for an order mentioned in sub-rule (1) or sub-rule (2), or makes such an order of its own motion, the order requisitioning the report shall be in the Form 58.50, 58.51, 58.52 or 58.53, Schedule C, as appropriate.
(6) Where, under either 12A(4) of the 1964 Act or section 20 of the Child Care Act 1991 , the Court adjourns proceedings and directs the Child and Family Agency to undertake an investigation of a child’s circumstances, if the Child and Family Agency is not a party to those proceedings, the Clerk shall as soon as possible notify the Child and Family Agency (in the Form 84.32 Schedule C, with any necessary modifications) of the Court’s decision.
(7) Where, upon so adjourning, the Court gives directions under section 20(2) of the Child Care Act 1991 as to the care and custody of the child or makes a supervision order in respect of the child pending the outcome of the investigation by the Child and Family Agency –
(a) an order of the Court giving such directions shall be in the Form 84.33 Schedule C.
(b) any such supervision order shall be in the Form 84.34, Schedule C,
and the order shall be served upon each person directly affected thereby.
Order 58 substituted in full by SI 434 of 2020, effective 22 October 2020.
Use Of Blood Tests In Determining Parentage
Definitions
1. In this Order
“the Act” means the Status of Children Act, 1987 (No. 26 of 1987);
“the Regulations” means the Blood Tests (Parentage) Regulations, 1988 (S.I. No. 215 of 1988);
“direction form” means Form 1 in the Schedule to the Regulations;
“sampler” has the meaning assigned to it in Regulation 3 of the Regulations;
Application for a direction for the use of blood tests
2. (1) Where in any civil proceedings before the Court the parentage of any person is in question, an application under section 38 (1) of the Act by a party to the proceedings for a direction for the use of blood tests shall be preceded by the issue and service of a notice in the Form 61.1 Schedule C. Such notice shall be served by registered prepaid post upon the other party or parties to the proceedings and upon each person in respect of whom the direction is sought or, where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her and shall be served at least fourteen days before the date of hearing of the application.
(2) The original of every such notice served, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.
(3) Where the Court of its own motion proposes to give a direction for the use of blood tests or where application for such a direction is made in the course of hearing the proceedings, and if each of the parties to the proceedings and each person in respect of whom the direction is proposed or sought (or his or her legal or other representative, as the case may be) is then present in court, the Court may dispense with the requirement to serve notice of application.
(4) The direction of the Court shall be in the Form 61.2 Schedule C, and shall be served by prepaid ordinary post upon each person in respect of whom it was given or where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her.
Order revoking or varying a direction
3. Where under section 38 (3) of the Act the Court revokes or varies a direction previously given under section 38 (1) of the Act, the order so revoking or so varying shall be in the Form 61.3 Schedule C, and shall be served by prepaid ordinary post upon each person directly affected by that order or where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her.
Notice of intention to call witness
4. (1) A notice under section 40 (5) of the Act by a party to civil proceedings of that party’s intention to call a person as a witness shall be in the Form 61.4 Schedule C. Such notice shall be served by registered prepaid post upon the other parties to the proceedings or upon such of them as the Court may direct, at least fourteen days before the sitting of the Court at which it is intended to call as a witness the person named in the notice.
(2) The original of every such notice served, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said sitting of the Court.
Clerk to send direction form to sampler
5. Where the Court gives a direction under section 38 (1) of the Act, the Clerk shall complete and sign Part I and the appropriate section of Part II of a direction form as prescribed in the Regulations and shall send that form by prepaid ordinary post to the sampler named in the direction.