Illegitimate Children (Affiliation Orders) Act, 1930

Issue of summonses.

2.—(1) Upon the application, within the time hereinafter limited, of the mother of an illegitimate child or on the application, within the time hereinafter limited, of a local body administering the relief of the poor then giving relief to the mother of an illegitimate child or to an illegitimate child and in either case upon an information in writing upon oath being made by the mother of such child identifying the father of such child the Justice of the District Court in the District in which such mother resides may issue a summons or other process requiring the person (in this Act referred to as the alleged father) identified in such information as the father of such child to appear on the hearing of an application by such mother or such local body (as the case may be) for an order (in this Act called an affiliation order) in respect of such child.

(2) An application for the issue of a summons or other process under this section may be made only—

(a) before the birth of the illegitimate child in respect of whom the application is made, or

(b) within six months after the birth of such child, or

(c) where the alleged father of such child contributed to the maintenance of such child within six months after its birth, at any time after such contribution, or

(d) where the alleged father of such child was not resident in Saorstát Eireann at the date of the birth of such child, at any time within six months after such alleged father first enters Saorstát Eireann after such date, or

(e) where the alleged father of such child was resident in Saorstát Eireann at the date of the birth of such child but ceased to be so resident within six months after such date, at any time within six months after such alleged father first enters Saorstát Eireann after such cesser, or

(f) where the child is born within six months before the passing of this Act, within three months after the passing of this Act.

(3) Where a summons is issued under this Section before the birth of the illegitimate child to which it relates, the date for which the alleged father is thereby summoned to the District Court shall not be earlier than fourteen days after the day on which such child is expected to be born and such (if any) adjournment of the hearing of such summons shall be made as may be necessary to enable the mother of such child to be present at such hearing.